Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

As Deputies will of course have noted, the Bill establishes a wide range of licensing requirements, not only in respect of works to monuments but in relation to activities impacting on archaeological objects and historic wrecks and restricting the carrying out of certain activities, even where not immediately directed at known elements of historic heritage, for example, archaeological excavation and monitoring and the use of detection devices for archaeological purposes.

Section 151 is a crucial provision which sets out how the relevant licensing authority, in most cases, the Minister, may respond to an application to carry out such licensable activities. It is essential that it address what happens when a licence application is made comprehensively, and following further review by my Department, a number of important improvements are proposed, focusing in particular on the kinds of conditions which are expressly provided for under the section as capable of being imposed on licences granted under the section.

Provision is made to ensuring conditions may specify the categories of persons who may conduct the particular activity authorised under the licence. It is also provided for that conditions may be imposed requiring the carrying out of other licensable activities or other actions to protect historic heritage. This would, for example, make clear that works to a monument could only proceed if archaeological excavation took place in advance or that such works had to be supervised by a conservation architect.

Complete clarity is provided that the conditions in question may be applied to elements of historic heritage in the underwater environment and that where permitted works are subject to a condition requiring, for example, professional supervision, the latter may itself be subject to conditions as to how it is conducted. Clarity is provided that a further licensable activity required to be carried out as condition of a licence will not itself be exempted from needing a licence other than to the extent provided for in the licence.

Greater clarity is also provided that reasons for refusing to grant a licence may include that any supervision or mitigation proposed to be carried out in relation to the proposed works are not under the control of the applicant. Also, it is made clear that previous non-compliance with licences may result in refusal of a licence application. Taken together, the amendments represent a substantial further strengthening of the licensing regime to be established under the Bill.

On amendments Nos. 257 and 258, section 152 is another major addition to the legal mechanisms for ensuring works and activities regulated under the legislation are carried out to the appropriate standard. As currently drafted, it enables the licensing authority to require an applicant for a licensable activity, or a person who will be acting on behalf of the applicant, to have her or his competence assessed through procedures set out in regulations. This is especially relevant to ensuring specialist activities such as archaeological excavation are only carried out by properly skilled practitioners. This measure is now proposed to be strengthened to be applicable to persons who are going to be undertaking, for example, professional supervision of licensed works to a monument, even where such supervision is not, of itself, a licensable activity under the Bill. Clarity is also provided that the Minister, in setting out in regulations who will carry out the assessments of competence, may do so by reference to categories of person who may do the assessments.

On amendment No. 259, section 153 requires the Minister to consult the board of the National Museum of Ireland before granting a licence and to consider the views, if any, submitted by the museum on the licence application. While the default consultation period will remain 21 days, this amendment will allow for different consultation periods to be prescribed for different licensable activities. For example, the consultation on an application for the use of a detection device may require less time to complete then a consultation on an application to dive on a historic wreck.

On amendments Nos. 260 and 261, under section 154, a licensing authority, subject to certain conditions, may revoke or suspend a licence. In the interests of procedural fairness, a licensing authority must give the licensee an opportunity to make representations in writing in relation to a proposed revocation or suspension. However, in urgent situations, for example, where irreparable damage to a monument is being carried out, there may be an urgent need to suspend a licence with immediate effect. While it is anticipated such a situation would only occur very rarely, it is important the Bill is revised to take account of such a situation. Where an urgent suspension may occur, the notice affecting the suspension must state the reason for the urgent suspension.

On amendment No. 283, chapters 4 and 5 of Part 10 endow officers and agents of the relevant authorities under the Bill with a range of powers, for example, in relation to the carrying out of inspections and archaeological excavations. The proposed provision will make clear that the fact that something is done under those powers will not exempt it from the licensing requirements established under the Bill. This is an important clarification which should provide reassurance that the relevant authorities will operate to the same high standards as will be required of others undertaking licensable activities under the Bill.