Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the Deputies who contributed to this debate on the Planning and Development, Heritage and Broadcasting (Amendment) Bill 2021. Ireland’s heritage, including that which is built, natural, cultural and linguistic, tangible and intangible, is of fundamental importance to all aspects of our society, identity, well-being and economy. However, our heritage faces many challenges, including those stemming from land use change, climate change and biodiversity loss, dereliction and a lack of awareness of the value of heritage.

The Government is making a significant investment in the heritage sector with a view to addressing biodiversity loss, habitat restoration and species protection. It is also undertaking essential investment in our national parks, nature reserves, heritage estates and national monuments. For example, earlier this year, funding of €1.35 million was announced for local authority biodiversity projects, including €500,000 for projects targeting invasive alien species. A significant funding increase in 2021 to €1.89 million means that the NPWS farm plan scheme has been expanded. Some €14 million, including €5 million from the carbon tax fund, has been allocated to the conservation, management and restoration of protected raised bogs in 2021.

Our national parks and nature reserves have remained open for the duration of the Covid-19 pandemic. It has been important to keep this 87,000 ha network accessible to the public in order to provide areas where people can get fresh air, experience nature and exercise, while still being able to adhere to physical distancing protocols. It is very important we have these facilities accessible to the public and keep them open.

More and more we are looking to nature to assist in solving some of the biggest challenges society faces. This includes in cities, where it can offer a range of benefits, from sustainable urban drainage to air purification to urban cooling. It also includes rural areas. Nature-based solutions, such as protecting and restoring wetlands, peatlands and coastal ecosystems, and the sustainable management of marine areas, forests, grasslands and agricultural soils are essential for emissions reduction and climate adaptation.

The intention behind the Planning and Development, Heritage and Broadcasting (Amendment) Bill 2021 is not to alter existing Government policy or to introduce new policy. It is a technical Bill, the primary function of which is to facilitate the transfer of the heritage powers and functions to the Minister for Housing, Local Government and Heritage under a number of enactments currently held by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media. In that regard, the overall objective is to give legislative underpinning to the full transfer of these powers and function to the Minister through amending certain primary and secondary legislation as required.

This transfer arises as part of the reorganisation of ministerial and departmental responsibilities following the formation of the Government in 2020. The heritage powers and functions come under the Planning and Development Act 2000, the Wildlife Act 1976, the Wildlife (Amendment) Act 2000 and the European Communities (Birds and Natural Habitats) Regulations 2011. Issues arise, which the Minister of State, Deputy Noonan, mentioned, that require primary legislation in order to fully implement the transfer of the powers and functions from one Minister to the other.The purpose of the Bill is to amend certain sections within the various Acts, the 2011 regulations and the Broadcasting Act 2009 and to make provision relating to certain planning matters relating to heritage.

In summary, the proposed amendments in the Bill with respect to the heritage functions provide for the Minister for Housing, Local Government and Heritage to: be sent notice regarding proposed variations to planning authority development plans and the making of such a variation; undertake certain heritage functions without needing to consult with another Minister, for example, to prescribe the form of a record of protected architectural structures; lawfully comment on planning applications and draft development plans from a heritage perspective; and seek the observations of any Minister or Ministers, as the Minister considers appropriate, in the process of the designation of sites as natural heritage areas. The Minister may also keep them informed of developments in the designation or direction process for special areas of conservation and special protection areas by, for example, causing a copy of the particulars of a candidate special area of conservation to be sent to another Minister or Ministers; causing notice of the designation of a site as a special area of conservation or an amendment to or the revocation of the designation of a site as a special area of conservation to be sent to another Minister or Ministers; causing notice of the designation of a site, an amendment to or the revocation of the designation of a site as a special protection area or of a decision not to designate a site as a special protection area to be sent to another Minister or Ministers; and causing a copy of any direction given under regulation 28(1) of the European Communities (Birds and Natural Habitats) Regulations 2011 to be sent to another Minister or Ministers.

The Ministers to be involved in the process would depend of the functions of Ministers, which may vary over time. For example, they could include the Minister with responsibility for agriculture, food and the marine, the environment, climate and communications and rural and community development. This could be done to make regulations with respect to access to or use of the foreshore for nature conservation purposes and to engage in the planning process with respect to the heritage function, such as in making an application for planning permission or an appeal to An Bord Pleanála, notwithstanding section 30(1) of the Planning and Development Act 2000, which prohibits the Minister from exercising any power or control in any particular planning case. This will ensure, for example, that the Minister is in a position to lodge planning applications for developments, which may be required as part of the heritage brief.

Some of the proposed amendments set out in the Bill have been prepared to allow for the amended sections in the relevant Act or the European Communities (Birds and Natural Habitats) Regulations 2011 to function without further amendment in the event that ministerial heritage functions were, at some future time, separated again from planning functions. Examples include section 13 which amends section 16(2)(a) of the Wildlife (Amendment) Act 2000, and section 14, which amends the designation of sites as special areas of conservation and special protection areas and direction provisions of the 2011 regulations.

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I should also mention that in various sections of Part 2 of the Bill, there are standard saver provisions providing that no amendment by the Bill shall be construed as to affect the continuance or validity of anything done under the relevant provisions of the Wildlife Act 1976, the Wildlife (Amendment) Act 2000, the Planning and Development Act 2000 and the European Communities (Birds and Natural Habitats) Regulations 2011. We are working hard to deliver on the ambition set out in the programme for Government with respect to heritage. This Bill will assist us in that process.

The Bill also provides for technical amendments to the Broadcasting Act 2009 to allow for the transfer to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media from the Minister for Transport of consultation and consent functions held by him under the Act that are now inconsistent with his role. As the Minister of State, Deputy Noonan, mentioned, Part 3 of the Bill contains two sections amending the Broadcasting Act 2009 arising from the establishment of the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media in 2020. Responsibilities for broadcasting and sport, previously under the remit of the Minister for Communications, Climate Action and Environment and the Minister for Transport, Tourism and Sport, now rest with the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media. However, the Minister for Transport has retained consultation and consent functions under the Broadcasting Act 2009. In order to facilitate the completion of the transfer of these functions to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, it is now proposed to amend the Broadcasting Act 2009 as set out in sections 16 and 17 of the Bill. We are pleased to be in a position to do this.

With regard to outdoor amenities, I wish to announce that Scragh Bog Nature Reserve, which was closed for a number of months due to issues there, will be reopened during the May bank holiday weekend, hopefully, on Monday. This is very important for the many people in Mullingar who were advocating for it to be opened. I acknowledge and pay tribute to the work of Dearbhla O'Sullivan who set up an online petition to highlight this issue and how important it is for people in Mullingar. It is a treasure on the outskirts of the town. The Government is spending €170,000 in capital expenditure to upgrade it.

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