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Seanad: Nithe i dtosach suíonna - Commencement Matters: Local Authorities (8 Mar 2023)

Malcolm Noonan: I am taking the question on behalf of my Department so I am the appropriate Minister of State. The question specifically related to taking in charge and the taking in charge process. I am not sure whether Senator Gallagher mentioned issues with Uisce Éireann in a supplementary to that. In that regard and by way of reassurance, I will meet with Uisce Éireann representatives in a...

Saincheisteanna Tráthúla - Topical Issue Debate: Wildlife Conservation (7 Mar 2023)

Malcolm Noonan: I thank the Deputy. I will outline the general issues around invasive species. What the Deputy has highlighted is a serious imbalance in nature in general across the country because of habitats, invasive species and other challenges. It is an important issue. Our Department's National Parks and Wildlife Service, NPWS, is responsible for the implementation of the Wildlife Acts and the...

Saincheisteanna Tráthúla - Topical Issue Debate: Wildlife Conservation (7 Mar 2023)

Malcolm Noonan: On the cormorant, we have a significant challenge in terms of data on many species, be they birds, plants or insects. Fishing and angling groups and gun clubs are on the ground day in and day out and they could be of use to us in gathering data on cormorant numbers. That would be most helpful. That is something we will give consideration to. We have a huge challenge with invasive...

Saincheisteanna Tráthúla - Topical Issue Debate: Water Services (7 Mar 2023)

Malcolm Noonan: I thank the Deputy for raising the issue today and giving me an opportunity to outline the position in respect to Uisce Éireann’s responsibility on this issue. The Water Services Acts 2007-20 set out the arrangements in place for the delivery of water and wastewater services by Uisce Éireann and for the scrutiny and oversight provisions that apply in respect of these...

Saincheisteanna Tráthúla - Topical Issue Debate: Water Services (7 Mar 2023)

Malcolm Noonan: I remind the Deputy that the progression of individual wastewater infrastructure is a matter for Uisce Éireann. There are dedicated lines for us to make those representations. The scope of the Kilcummin sewerage scheme included the installation of a sewer network and the construction of a pumping station. The scope did not include the provision of wastewater connections to residents...

Saincheisteanna Tráthúla - Topical Issue Debate: Water Services (7 Mar 2023)

Malcolm Noonan: It is a fair point.

Saincheisteanna Tráthúla - Topical Issue Debate: Money Advice and Budgeting Service (7 Mar 2023)

Malcolm Noonan: The Ministers for Social Protection and Justice were pleased to announce in November 2022 that the Government agreed to an extension of the Abhaile service for one year until 31 December 2023, having regard to emerging findings from the strategic review of Abhaile, which is expected to be completed shortly. This extension allows, in accordance with the commitment in the programme for...

Saincheisteanna Tráthúla - Topical Issue Debate: Money Advice and Budgeting Service (7 Mar 2023)

Malcolm Noonan: I join with the Deputy in praising the MAB service. We cannot do that enough. The work that organisation does across the country is critically important for families in challenging financial situations. Abhaile is the national State-funded mortgage arrears resolution service that provides expert financial and legal advice and assistance to borrowers in home mortgage arrears, with the...

Saincheisteanna Tráthúla - Topical Issue Debate: Gorse Burning (2 Mar 2023)

Malcolm Noonan: I agree wholeheartedly with everything the Deputy said. We need farmers. We need landowners on our land in uplands. Conservation grazing works and it has an important role to play in nature restoration. The Department is currently conducting a review of wildlife legislation. This is an extensive review on a multi-year project taking in every facet of our wildlife laws. It will...

Saincheisteanna Tráthúla - Topical Issue Debate: Gorse Burning (2 Mar 2023)

Malcolm Noonan: Gabhaim buíochas leis an Teachta as an gceist tábhachtach seo. The management of Ireland's upland areas is a responsibility shared by many, including land users, landowners and various bodies and agencies tasked with its management. As Minister of State, my focus in this regard is on the protection of nature. Sustainable grazing is an important nature conservation measure. My...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: The current Title of the Bill is advised by and agreed with the Office of Parliamentary Counsel. It has been drafted to accurately reflect the broad content and scope of the Bill. Many elements of archaeological heritage such as monuments, archaeological objects and underwater cultural heritage are clearly provided for under the various parts of the Bill. The selection of one of these...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: The term "archaeological heritage" as drafted in the Bill and by making reference to the term "relevant things" provides for an extensive set of structures, sites, objects, deposits, constructions, features and wrecks. While acknowledging the importance of linking the Bill to the Valletta Convention, in this instance, using the term "archaeological heritage" as defined in Valletta would...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: The term "archaeological heritage" is already provided for as part of the definition of archaeology in section 2. The existing definition is considered a more complete and comprehensive version for the purpose of this Bill than the version proposed under this amendment and for that reason I am not in a position to accept this amendment. While I note the Senator's points about Valletta it is...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: These amendments have been grouped together as they all relate to similar matters, mainly the incorporation of cultural interest into the Bill. Regarding prescribed monuments, the parameters for their definition are intentionally narrow. This contrasts to the parameters for registered monuments that are intentionally broad. The rationale for this derives from the intended purpose of each...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: Cuirim fáilte roimh na daltaí agus na múinteoirí freisin. It is difficult to see the necessity of this proposed amendment. The Bill has been purposely designed to ensure the relevant aspects of Valletta are given effect. These are supporting finds of archaeological heritage, protection of monuments or the prevention of illicit excavations. Following the pre-legislative...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: I appreciate that the Senator has given such consideration to this. That is really important. However, I have been clear in my response that I am absolutely certain the Bill will require licensing authorities to adhere to Valletta. There is nothing in this Bill that violates the objectives of the Valletta Convention. That is its strength. The Bill is strong enough to adhere to that,...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: I will come back to the Senator on that point. However, I think it is the appropriate format. I can come back to her with a more comprehensive answer.

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: The use of the word "may" here is intentional and is considered necessary from a drafting point of view. Using the word "shall" could jeopardise the proposed system of prescribed monuments by way of an interpretation that all possible classes of relevant things must be prescribed. This could lead to legal challenges to the regulations made on the basis that the Minister had not gone far...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: As I said, the use of the word "shall" could jeopardise the proposed system of prescribed monuments by way of an interpretation that all possible classes of relevant things must be prescribed. It could lead to legal challenges to the regulations made on the basis that the Minister may not have gone far enough in terms of the classes of monuments prescribed.

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: On buildings specifically, there is a mechanism within local authorities, using the record of protected structures, to protect buildings. It is a different basis for protection and the power lies as a reserved function of local authority members. Usually, those building protections come about as recommendations from the national inventory of architectural heritage. That is the mechanism....

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