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Saincheisteanna Tráthúla - Topical Issue Debate: Road Projects (19 Apr 2023)

Malcolm Noonan: Go raibh maith agat, a Leas-Cheann Comhairle, agus go raibh maith ag an Teachta Ó Cuív. The Deputy will be aware that the staff of the NPWS has been working closely with Galway County Council on this project. The development of the Oughterard to Maam Cross section was approved by An Bord Pleanála, as the Deputy said, in December 2013. A condition of the consent was that...

Saincheisteanna Tráthúla - Topical Issue Debate: Road Projects (19 Apr 2023)

Malcolm Noonan: If it is of use to the Deputy, we might provide a more detailed briefing for him. I cannot give him the full response regarding the information he is seeking from me this morning but it might be useful to give him a detailed briefing by NPWS staff regarding the project, and that might be of assistance in providing where we are on the timeline. Regarding the Wildlife (Amendment) Bill...

Department Underspend and Reduced Delivery of Affordable Housing: Motion [Private Members] (18 Apr 2023)

Malcolm Noonan: Before I sum up I will respond to a few of the contributions from Deputies. In Deputy Bacik’s contribution she mentioned again the 1 million homes and about engagement with Government. We would love to engage with the Labour Party on how it proposes to achieve that. We are always willing and open to the ideas of the Opposition. That is critical. Deputy Bríd Smith mentioned...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Malcolm Noonan: In relation to proposed amendment No. 22, section 33(6) provides for the publishing of screening determinations for environmental impact assessments, including publishing notices on the Department's website. I can explore with the Office of the Parliamentary Counsel, OPC, as to whether subsection (6) could be rephrased so as to make it clear that the publishing of notices on the Department's...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Malcolm Noonan: No.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Malcolm Noonan: Amendment No. 27 proposes the addition of a new paragraph in section 40(2). Under section 40, the Minister may exempt proposed works from EIA requirements, as provided for under sections 32 to 39, subject to certain conditions. Subsection (2) relates to the consultation that must be undertaken before a determination on an EIA exemption request. A relevant local authority must be consulted...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Malcolm Noonan: Section 41 provides that notices relating to EIAs must inform the public that decisions may be questioned by way of judicial review. The intention behind amendment No. 28 is to delete subsection (2) of section 41. However, this is a very important provision that makes it explicitly clear that an act done by the Minister under Chapter 6 of Part 2 relating to EIA or AA or a licence granted...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Malcolm Noonan: On amendment No. 28, I have committed that we will raise the issue with the Office of the Parliamentary Counsel to make sure it is as clear as possible. The Senator is correct regarding the necessary modifications required in order to apply for the relevant provisions of the Planning and Development Act 2000 and the Environment (Miscellaneous Provisions) Act 2011. It is as the Senator says.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Malcolm Noonan: Section 77 permits the granting of a lease or licence in respect of land comprising a national monument in the ownership or guardianship of the Minister or a local authority. What is meant by a lease or licence under section 77 is permission by a property owner that permits a person to enter on lands without creating the relationship of landlord and tenant. It does not mean a licence under...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Malcolm Noonan: Again, I appreciate the points Senator Higgins is making, but section 75(1) is very clear around maintaining the archaeological interest. I think that, rather than maintenance, is what the Senator was referring to. Therefore, I do not think the amendments as proposed are necessary.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Malcolm Noonan: Section 92, which was amended recently on Committee Stage, provides comprehensive provisions for consultation regarding world heritage property, as well as property which has potential to become world heritage property. In 2021, the world heritage operational guidelines provided comprehensive guidance on the role of communities in world heritage matters such as encouraging states' parties to...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Malcolm Noonan: I appreciate the point that the Senator is making in relation to future-proofing this Bill. In that regard, it is important that we discuss with the OPC if there is a necessity to make it clearer in the drafting.

Seanad: Nithe i dtosach suíonna - Commencement Matters: Local Authorities (30 Mar 2023)

Malcolm Noonan: I am taking the spirit of the question the Senator is asking as regarding assistance to local authorities in collecting the revenue and in animating sites for activation for development. I think this is a very important issue. For some background, the Derelict Sites Act 1990, as amended, imposes a general duty on every owner and occupier of land to take all responsible steps to ensure the...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Local Authorities (30 Mar 2023)

Malcolm Noonan: I take from the Senator's question that he sees a lack of urgency. I will relay that comment back to the Department. Regarding the working group, it is important that it concludes its work and is able to issue a set of recommendations to the Minister. The measures I outlined to address vacancy and dereliction are having an impact across the country. While it is perhaps not on the scale we...

Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation (29 Mar 2023)

Malcolm Noonan: The small villages growth schemes by Uisce Éireann are a matter and operational issue for the organisation. They are excellent schemes and are having a real impact in rural communities, notwithstanding the challenges in some areas of trying to get confirmation to proceed with projects. This is a matter we will take up with Uisce Éireann.

An tOrd Gnó - Order of Business (28 Mar 2023)

Malcolm Noonan: I commend that wonderful documentary. It was a great credit to all of our staff in the National Parks and Wildlife Service, NPWS. The strategy review of the NPWS the Government committed to and which it is now implementing is in train. The number of staff, including rangers and general operatives, across our national parks has increased significantly over the last year. I agree with the...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) (28 Mar 2023)

Malcolm Noonan: With your indulgence, Chair, I will follow up on some issues raised at our last session, on 22 March, by way of assistance, before responding to the proposed amendments.I thank Senators for the useful engagement and worthwhile discussions on some of the important matters the Bill intends to provide for. While the text of the proposed amendments will always provide a good basis for our debate...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) (28 Mar 2023)

Malcolm Noonan: I thank both Senators for their comments and their positive response to the proposals. In response to Senator Boyhan, it would be at Dáil stage that we would look at those amendments on Valletta. I welcome his comments on what we propose. It is being brought forward on foot of the conversations we had here at the last session. That is important. I appreciate the contributions of...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) (28 Mar 2023)

Malcolm Noonan: Before I speak on the amendments, I wish to make a number of general comments to follow up on the contributions of Senators Higgins and Boyhan. I welcome the proposals to try to strengthen the consultation requirements. I am certain that the approach we are taking is the correct one. I see valuable roles for the PPNs in many areas of local consultation.The PPN network has, generally,...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) (28 Mar 2023)

Malcolm Noonan: I thank the Senators for resubmitting this proposal. As we discussed on Committee Stage, a recommendation made to local authorities by way of guidelines made under section 167 of the enacted Bill is a far more appropriate, effective and practical way to pursue the matter, although I take on board the points made by the Senator in respect of knowledge and information, with which I fully...

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