Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

Yes. That is correct.

I will now address amendments Nos. 399, 404, 408, 409, 412 and 413, tabled jointly by Deputies Eoin Ó Broin, Thomas Gould and Aengus Ó Snodaigh.

Amendment No. 399 seeks to amend section 48 regarding the obligation to prepare a strategy for the conservation of natural and built heritage as part of a development plan. The amendment requires that the strategy also provide for public access to that heritage. Amendment No. 413 is consequential to this amendment, requiring that such strategies must include objectives for the conservation, protection, management and improvement of public access to a site, area, monument, structure, place, landscape or feature described within this subsection, including rights of way.

I understand the impetus for the proposed amendments, which is to allow for greater access to our heritage. There are, however, a number of issues that need to be considered. Fundamentally, the purpose of the section is to protect heritage irrespective of ownership. A development plan objective does not infer public ownership. As an observation, it may not be possible or safe to access the sites, and in certain circumstances public access may be detrimental to the heritage in question. I am of the view that the relevant sections of the Bill, the subject of these amendments, are appropriately worded. As such, I cannot accept these amendments.

Amendment No. 404 seeks to require that such a strategy include, as well as the existing requirement concerning any national monuments as defined by or designated under the National Monuments Acts 1930 to 2014, such monuments defined or designated under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023. I intend to move additional provisions on Report Stage for the recent enactment of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023. As that Act will likely be commenced on a phased basis, the Bill will likely need to provide for both National Monuments Acts and the new historic heritage Act. In those circumstances, I ask the Deputies to consider withdrawing this amendment in the meantime.

Amendment No. 408 seeks to include "battlesites" along with other objects of archaeological, geological, historic, scientific or ecological interest such as places, caves, sites or features. Amendment No. 409 seeks to expand this provision to include cultural and mythological interest as well. Amendment No. 412 seeks to include a new objective that such strategies must include the conservation, protection, management and improvement of "the integrity of a site, area, monument, structure, place, landscape or feature described within this subsection within its surrounding context". Under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, the definition of a "monument" provides for a range of sites and structures, including those that are the subject of these proposed amendments. As I have just said, I will move amendments on Report Stage to ensure that Act is provided for under section 48 of the Bill, following the repeal of the National Monuments Acts. I ask the Deputies to consider withdrawing this amendment as a result.

I have covered amendments Nos. 399, 404, 408, 409 and 412. I just want to look at amendment No. 413.