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

I will address amendments Nos. 980, 987, 992, 994, 995 and 997 as jointly tabled by Deputies Cian O'Callaghan, Ó Broin, Gould, Ó Snodaigh, Boyd Barrett, Bríd Smith and Gino Kenny.

These amendments seek to amend sections 281 to 283, inclusive, to provide that other relevant persons, as well as owners and occupiers, shall take all reasonable steps to ensure that a protected structure is not endangered and that notices to require works to be carried out relating to the endangerment of protected structures and proposed protected structures can be served on relevant persons as well as owners and occupiers.

The amendments also include a definition of "other relevant person for the purposes of notice of endangerment for the property" in the interpretation of section 275 of Part 10, which deals with architectural heritage. The proposed definition of "other relevant person" is very broad and includes representatives managing or responsible for the property, a financial institution that has taken title to a property as a result of a loan and administrators responsible for a property after a loan, as well as those responsible for building sites or structures adjacent to a protected structure where the building site is causing endangerment. The definitions of "owner" and "occupier" in the Bill are suitably broad to cover most of the proposed definition and, as such, there is no need to define "other relevant person" or include such a reference in sections 281 or 283. "Owner" includes a person who in his or her own right, or as an agent, is entitled to receive a rack rent for the land. "Occupier" includes a person who is in occupation of the land or is entitled to use or control the land. In addition, to define "other relevant person" in a non-exhaustive manner may indeed form a hindrance to the process. The proposal to include those responsible for building sites or structures adjacent to a protected structure where the building site is causing endangerment is not required as there is already a provision that any person who endangers a protected structure or proposed protected structure shall be guilty of an offence. This would cover anyone undertaking works adjacent to a protected structure who does not take measures to ensure they are not endangering the protected structure.

I point members to the definitions in section 2, which contains a definition of "occupier". That definition is:

(a) in relation to land, a person who— (i) is in occupation of the land,

(ii) is entitled to the immediate use, enjoyment or control of the land, or

(iii) is in control of the land,"

That is well covered in the Bill.