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Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: To respond first to Deputy O'Callaghan in regard to the issue of archaeological reserves and archaeological landscapes, the register can include ritual or ceremonial sites, sites where an historical event took place or sites with connections to legends or myths. Some of those surrounding areas could be quite large. They could be quite large sites in their own right. We are of the view that...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Again, as I said, they would be within the register. It would include ritual or ceremonial sites. That is where that broad area is that can be under protection as well.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: It does not reference landscapes specifically. To go back to the point raised by Deputies O'Callaghan and Ó Broin, the Valletta Convention is a broad convention that has to be agreed by many signatory nations. What we are doing here is very specific. It not only gives effect to the Valletta Convention but affords a greater level of protection. Because this was raised in the Seanad as...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 2: In page 17, line 18, after “Heritage” to insert “and Miscellaneous Provisions”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 13: In page 20, lines 8 and 9, to delete “artistic, cultural, historic, scientific, social, technical or traditional” and substitute “cultural, historic, scientific, social or technical”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: While I fully endorse and support every effort to promote the use and status of the Irish language, section 5(2) of the Heritage Act provides as follows: "There shall stand established on the establishment day a body to be known as An Chomhairle Oidhreachta or, in the English language, The Heritage Council to perform the functions conferred on it by this Act." Similarly, section 8(1) of the...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: To go back to the speaking note, we highlighted two cases regarding An Chomhairle Oidhreachta, or in the English language, the Heritage Council. This is in the Act. The national museum of science and art is part of Ard-Mhúsaem na hÉireann or, in the English language, the National Museum of Ireland. Again, we are happy to come back and explore it further with the OPC. I stated...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 18: In page 20, between lines 34 and 35, to insert the following: “ “cultural interest” includes artistic, literary or traditional interest;”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 20: In page 21, to delete line 29 and substitute the following: “ “export” means the export or removal from the State of any goods (being things of any kind, whether animate or inanimate) to a place outside the State;”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 22: In page 22, lines 29 and 30, to delete “artistic, historic, traditional” and substitute “historic”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I will respond to all three amendments. I would like to note that the definition of history, as it stands, is one including certain specified matters. Therefore, under the general rules of statutory interpretation, it is not exclusive of any other matter that could be reasonably considered as coming within the scope of the term "history". To set out an excessively lengthy list could...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 21: In page 22, between lines 22 and 23, to insert the following: “ “historic” includes historical;”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Again, I think that it is unnecessary, first of all, to be prescriptive in listing these. I do not think there is a need for it. It could exclude other elements. I know Deputy Ó Broin has mentioned the phrase "not limited to", but we do not see the necessity to have a list of that length in the Bill, given that the Bill itself is already broad in scope in its recognition of history. ...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: It is absolutely valid to bring the issue forward. However, we have expanded this provision, listened to the argument in favour of cultural aspects and included that in the Bill and that encompasses a lot of what is in the prescriptive list here. The broad categories we have would include what the Deputy has listed here so we do not see a need to do that.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Within the Bill itself, under the list of moveable objects or associated relevant things, it states, "“history” includes architectural, art, economic, military, political, religious, scientific, social or technical history". The fact that we have taken on board the cultural element gives us broad scope to include the other items the Deputy has listed.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 26: In page 23, to delete lines 1 to 3 and substitute the following: “ “immediate surroundings”, in relation to a monument, means such areas immediately surrounding the monument, in addition to the surrounding area (if any) of the monument, where works, if carried out therein, could adversely affect— (a) the monument, or (b) any...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: In relation to the first question on relevant things of relevant interest, it could be the case that other relevant archeological objects are around a monument. It is to protect other relevant things of relevant interest around a monument. On the immediate surroundings, detailed codes of practice would be required for investigation works. There are means of assessing how immediate the...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: This would be on a case-by-case basis, as the Deputy will appreciate. Under section 211, there is a requirement with regard to statutory codes of practice. Every site is different. Surveying methods have advanced considerably over recent decades. That would give it a determination in terms of the extent of the extent of the site around a monument. Some sites can be connected and linked...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes, exactly.

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