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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: Yes. The museum can request the necessary information.

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

Malcolm Noonan: I do not think there is a specific reference to the examples I gave but, again, through the licensing system of the National Museum, they are taken on a case-by-case basis. There is an item relating to the public interest, including “the cultural, scientific, social or economic value of licensable activity in respect of which the licence is sought”.

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

Malcolm Noonan: That could be considered in a guidance document. I think it is a useful suggestion and it could be considered in that regard.

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. 7: In page 19, between lines 4 and 5, to insert the following: “ “amenity value”, in relation to a monument or thing, includes the setting of the monument or thing;”.

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 of the amendments in sequence. On amendment No. 8, while I acknowledge the importance of integrating the Valletta Convention into the Bill, in this instance the use of the term "archaeological heritage" as defined there gives rise to several problems. First, it is important to note that the term "archaeological heritage", as currently defined in the Bill, covers an...

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

Malcolm Noonan: I do. Regarding these amendments, these are another set of consequential amendments in relation to the addition of "cultural interest" into the term "relevant interest".

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. ...

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