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

Eoin Ó Broin: I move amendment No. 23: In page 22, to delete lines 33 and 34 and substitute the following: “ “history” includes, but is not limited to, ancient, archaeological, architectural, art, biographical, culinary, cultural, diplomatic, economic, educational, environmental, intellectual, military, natural, philosophical, political, religious, revolutionary, scientific,...

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

Eoin Ó Broin: On the one hand, the Minister of State is saying that his more limited categorisation, the nine, and the inclusion of "includes, but is not limited to" is sufficient, and does not exclude anything. Our amendment also uses "includes, but is not limited to" but just expands beyond the nine, and the idea that it would somehow cause a difficulty just makes no sense. It is not a logical argument...

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

Eoin Ó Broin: I have two questions. Notwithstanding that the Minister of State's list and our list has "includes, but is not limited to", our list would be more open to legal challenge than the Minister of State's. That is the Minister of State's first argument. The second argument is that there is some justification for the nine categories that are in this section of the Bill but not a justification...

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

Eoin Ó Broin: I have a final point on this. Let us take two of the categories we are adding, namely, social history and women's history. Social history often refers to the history of people, working people, the working classes or marginalised cultures. One of the reason we name social history and women's history, not just in this Bill but in master's programmes, in journals, in people's professional...

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

Eoin Ó Broin: We will have to agree to differ on that.

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

Eoin Ó Broin: I will press it.

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

Eoin Ó Broin: I move amendment No. 24: In page 22, line 33, after “includes” to insert “, but is not limited to,”.

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

Eoin Ó Broin: I move amendment No.25: In page 22, line 34, to delete “or” and substitute “and”.

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

Eoin Ó Broin: The Minister of State's amendment and our amendment are both trying to achieve something similar. I am interested to know how "relevant interests" are to be defined or judged in individual settings? My other question relates to how immediate the surroundings are. I will take a few real-life cases, without prejudice to people's views on either side of the debate, for example, the situating...

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

Eoin Ó Broin: I suspect the diligence of the legal drafters with respect to "context" was a little more lax when they were looking at the words "immediate surroundings". It seems to be an even vaguer phrase than "context". Part of me thinks the Government's amendment does in a much better way what our subsequent amendment proposed to do. On that basis, I am happy to consider withdrawing our amendment. ...

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

Eoin Ó Broin: I presume that the codes of practice will be developed by officials in consultation with relevant experts, etc., once the relevant sections come into force.

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

Eoin Ó Broin: I move amendment No. 30: In page 24, line 17, after “State,” to insert “among the five most read newspapers,”. This goes back to the more thorny question of advertisements in the context of which publications they should go in, the criteria for those publications and whether there should be a digital version, a hard copy or both. There is a formula of words...

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

Eoin Ó Broin: I support Deputy Cian O'Callaghan's proposition. There is already a well-established mechanism for doing exactly what the Deputy is asking for under the derelict sites legislation. Where a local authority moves to compulsorily purchase a derelict site, it checks the land register to see if there is an address associated with it. It checks all its records to see if there is a verifiable...

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

Eoin Ó Broin: I would like to hear the Minister's response before deciding.

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

Eoin Ó Broin: There are 166,000 vacant homes, but leaving that aside-----

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

Eoin Ó Broin: I will withdraw it but reserve the right to reintroduce it on Report Stage, if necessary.

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

Eoin Ó Broin: I move amendment No. 31: In page 24, line 17, to delete “whether in hard copy or electronic form, or both” and substitute “in both hard and electronic form”. As with the previous amendment, I will withdraw this but may resubmit it on Report Stage.

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

Eoin Ó Broin: Yes. Section 6 of the committee's pre-legislative scrutiny report made this or a similar recommendation and we think it is a much stronger proposition than what the Government has done. On that basis, unless the Minister of State convinces me otherwise, I will be pressing this amendment.

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

Eoin Ó Broin: I move amendment No. 35: In page 26, line 29, after “thing” ” to insert “, except for the purposes ofsection 173,”.

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

Eoin Ó Broin: Amendment No. 35 seeks to add "except for the purposes of section 173", after the term "relevant thing". The reason is that our reading of the Bill suggests that the general interpretation of "relevant thing" does not cover those relevant in section 173 because in that section there is a specific and totally different definition, at the top of page 150 of the Bill. While structures or sites...

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