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Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: Amendment No. 79 is about battlefields that have historic value in another state. If accepted, it would require the Minister in such cases, of which there is just a select number, to send a description of any proposed works and any available information on the possible effects on the environment of the battlefield to the state or jurisdiction in question. An example is the battlefield at...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: An excellent amendment.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: I thank the Minister of State for his response. I am not clear as to why he does not want to accept my amendment. I have put forward a very strong case as to why, in limited circumstances and in particular significant historic battlefield sites like the site of the Battle of Aughrim, this would be very good practice given it is of great historic and cultural value not just to us but to...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: It is not good rationale not to do something that is good practice because it might be difficult to decide what to include in it. I am hearing consistently during this discussion that there are difficulties with where lines can be drawn and therefore let us not do it. However, we should be trying to do the best we possibly can in a realistic fashion to value and preserve our archaeology and...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: I can withdraw if the Minister of State will look at it on Report Stage.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: I move amendment No. 79: In page 38, between lines 7 and 8, to insert the following: “(a) (i) The site of a historic battlefield shall be a prescribed monument within a defined and designated area. (ii) Of particular relevance are the select number of battlefields of historic value in another state. The Minister, in such cases, should send a description of any proposed works and...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: I move amendment No. 90: In page 40, to delete lines 32 to 35 and substitute the following: “(5) Where the Minister is minded to take a Register action which, if taken, will cause a registered monument to cease to be a registered monument, he or she shall do so— (a) in the interests of archaeology, (b) in the interests of health and safety, (c) having laid the proposal...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: I thank the Minister of State for his contribution. In regard to the approximately 20,000 licences, how much has been preserved in situ from those excavations? Has any of it become part of, say, Ireland's Ancient East or anything else that is promoted publicly? Turning to my amendment No. 90, I acknowledge the Minister of State does not agree with me on the need for a national monuments...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: That would be helpful as if the legislation simply states "having regard to", a particular Minister might be minded not to have regard to and go off.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: I prefer my wording but there is something in what the Minister of State said. If the Minister of the day has to give an explanation or reasons and put it in writing, a further onus is put on them for the consultation to be meaningful. Most Ministers will have meaningful engagement, but we are trying to protect against someone who does not place a value on this so that would be helpful.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: No, I am absolutely pressing it. It is one of the most important amendments I have put forward.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: Amendment No. 115 relates to the consultation on special protection and seeks to insert the wording "and by the public". In section 22, no role is assigned to the public. My amendment would ensure that the public can have their say and can express a view. I do not know why the Bill would allow for representations in writing only from the owner. Why would the public not be allowed to have...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: On amendment No. 115, the Minister has said there is nothing to prevent a member of the public writing in. There is nothing to prevent someone with expertise doing that. However, section 22 is about the Minister deciding to apply or remove the application of special protection to a potential register action monument. Section 23(1)(b) states that the Minister, while deciding to remove,...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: In respect of decisions that are made, does written consideration not need to be given in any event? Is that not standard practice?

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: I do not think the Minister of State is offering anything additional there.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: The issue is that the Heritage Council can look for that. What could happen, especially considering we do not know how many archaeologists or historians are employed by the Heritage Council so we do not know the level of expertise, is that even with the best will in the world, the Heritage Council could consult someone who may not be the leading expert in a particular field. That could...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: What we are talking about here, namely, conferring or removing special protection, is a significant part of the Bill. Not to have any role for the public is a deeply flawed approach. It is highly objectionable. Good practice would be to have it so the public could write in and their views would be considered by the Minister. I do not think that is onerous. I do not think the Minister is...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: The wording would just mean that the Minister would consider the representations in writing, not just of the owner but also of members of the public. In order to arrive at the decision that something is not soundly based, we need to give it consideration. It is entirely appropriate for a Minister, if he or she gets a submission that is not soundly based, to consider it and say it is just...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: Yes, but if the Minister is removing special protection from a monument on privately owned land, there may be relevant views in the community that people should be able to submit.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Cian O'Callaghan: It can but it does not have to.

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