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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: 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.

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. 28: In page 23, between lines 3 and 4, to insert the following: “ “import” means the import or bringing into the State of goods (being things of any kind, whether animate or inanimate) from 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 will go through the amendments in sequence. Where required, and when consulting on matters to be entered in the register of monuments or issuing notices where changes to the register have taken place, my Department will seek to ensure such consultations or notifications reach a wide and relevant audience. This will be done by making the necessary information available on my...

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

Malcolm Noonan: Would the Deputy mind repeating the second part of the question?

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

Malcolm Noonan: On the first part of the Deputy's question on the additional protection, I do not have a specific figure as to how many of the 180,000 monuments will be covered but this will add a very strong level of protection. I will take on board the points the Deputy has made with regard to the section 9(2) proposed by his amendment. I again give a commitment in that regard. We aim to set up a...

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

Malcolm Noonan: There could be issues with landowners proving they were not aware of a notice. The specific notice is the ideal but, as I said when referring to my speaking notes, we need to give credence to the practical considerations. With this Bill, it is our intention to give notification where we can. We note the points raised in these amendments and the challenges with regard to notification. As I...

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

Malcolm Noonan: We are certainly willing to give this consideration and take a further look at it. The Deputy mentioned the Derelict Sites Act but it is very difficult to compare like with like here. We are talking about 180,000 monuments-----

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

Malcolm Noonan: Yes, but it is a different situation. Our plan would be to establish the register first of all and then to work towards refining the specific notice once the register is established. The first part or chunk of the work is obviously to establish the register and then look at the notification. I am taking on board the points both Deputies have made and they are absolutely valid and...

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. 32: In page 26, to delete lines 20 to 24 and substitute the following: “ “registered monument” means— (a) a relevant thing of a relevant interest the particulars of which are entered in the Register pursuant to section 14(3)(a)*, or (b) a prescribed monument the particulars of which are entered in the Register pursuant to section...

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. 33: In page 26, line 27, to delete “artistic, historic or traditional” and substitute “historic or cultural”. Amendment 33 relates to the addition of “cultural interest” into the bill and corrects the usage of relevant terms by removing “artistic” and “traditional”, as “cultural interest" is...

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

Malcolm Noonan: Given the Government amendments previously discussed, I introduced cultural interests into the scope of the Bill. I would ask Deputies to consider withdrawing their proposed amendments.

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

Malcolm Noonan: Again, I thank Deputies for bringing these matters to my attention. On amendment No. 35, I am of the view that the term “relevant thing” is a key definition used in the Bill and the repurposing of the term for the purposes of section 173 - matters that relate to the supply of machinery or vehicles for use in the commission of an offence under the enacted Bill - may lead to some...

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: Absolutely.

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

Malcolm Noonan: Yes. That delineation will be done by the process of entry to the register.

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