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

I again thank the Deputy for his proposals outlined in amendments Nos. 25, 26 and 72, but I ask him to consider withdrawing them as I intend to propose a range of amendments relating to the use of national and local newspapers for the purposes of section 18 general list notices in either hard copy or electronic format.

Amendment No. 71, unfortunately, is not considered workable. As mentioned on Committee Stage, the anticipated size of the register of monuments is an important factor here, as well as the already comprehensive administrative procedures that are provided for in the Bill. It is important that what features in the enacted Bill is workable and not only aspirational. There are practicalities that need to be taken into consideration when it comes to its implementation.

The Bill contains ample consultation requirements prior to entering, amending or deleting particulars in the register of monuments and further notification procedures once a register action is carried out. Notice may be given directly to the owner of the land on which a relevant monument is situated or by publishing a notice in a national newspaper regarding the availability of further information relating to a register action. The information referred to will be available on the Department’s website and at a relevant site, such as a library, local authority office, or Garda station. Where special protection is to be applied to a monument, notice of the corresponding registered action must be by way of specific notice directly to a landowner.

It is considered that this approach strikes a workable balance between ensuring owners are, to the fullest extent possible, made aware of the legal protection applicable to registered monuments but without running the risk that important sites are left unprotected due to administrative difficulties, such as issues concerning the identity or whereabouts of landowners. This will help ensure the register of monuments can be established while not precluding further work regarding notification to landowners by way of specific notice.

For these reasons, I am not in a position to accept this amendment.

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