Results 12,861-12,880 of 13,224 for speaker:Pat Gallagher

Seanad: National Monuments (Amendment) Bill 2004: Report and Final Stages. (7 Jul 2004)

Pat Gallagher: If the amendment was accepted, section 5 would be deleted. However, the section is at the heart of the legislation, as it contains detailed procedures to be followed in respect of consents and directions, and there is no question of the amendment being accepted. The Bill does not confer new powers on the Minister for the Environment, Heritage and Local Government. Under section 14(3) of the...

Seanad: National Monuments (Amendment) Bill 2004: Report and Final Stages. (7 Jul 2004)

Pat Gallagher: If we accepted this amendment it would remove section 6 completely. I will give the background to this situation. Section 6 amends the provision in section 22 of the principal Act relating to the discovery of archaeological objects by removing the requirement to report such objects found by a person in pursuance of a consent granted or directions issued by the Minister under section 14 or in...

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: It is generally accepted that we need to improve our method of designating national monuments. While in principle I am not opposed to this proposal, it is best covered by the consolidation of the National Monuments Acts which is already under way in my Department. I am confident we will deal with the issue by this means and Senator Bannon might await the publication of the consolidation Act....

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: There is no question of procrastination as far as the consolidation of the National Monuments Acts is concerned. The Government will strive for the publication of the Bill in the autumn with a view to having it debated in the House next year, not a number of years down the road. I appreciate the work and input of the executive on the local authorities which have responsibility for heritage....

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: That there is wide general support on both sides of the House for the establishment of a register of national monuments as proposed in the amendment is obvious from the contributions of Senators Bannon, Ó Murchú and Kitt. The proposal has much merit in that it suggests a clear mechanism for establishing what constitutes a national monument. Only monuments entered on the register would enjoy...

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: In my initial response I referred to a pilot study in Kilkenny on monuments that could and should be listed in a register. I have no intention of doing anything other than that at present. The intention and the commitment is to compile such a register and to introduce a consolidated Bill by next year or, hopefully, late this year. If not, it will be introduced early next year and we can move...

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: It is my understanding that the local authorities would be familiar with the declaration of exempted works and I hope this is something we can flesh out to ensure we have a much clearer view on it. There is always some discretion that can be exercised, as is the case in all walks of life, but I am anxious to ensure that those who take decisions after consultation in regard to exempted works...

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: What the Senator said about seeking a declaration from the Department of the Environment, Heritage and Local Government does not surprise me. This is a matter for the local authorities. The Senator will appreciate that if we impose our views and the regulations are too centralised, we can be criticised. In framing and drafting the new legislation, I will consider the possibility of providing...

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: Planning permission may be required, but if the view is that the work proposed is exempted, then it will not be required. My answer clearly indicated that this was a matter for the local authority, but we can discuss it with the local authorities and get their views on it. I am sure the Senator in his local authority may have firm views in this regard. We are always prepared to listen. The...

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: I am very pleased that the House has accepted section 5 unanimously. To remove it would be to remove the heart of the Bill.

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: I appreciate that. We could not move on if section 5 was not accepted. Section 6 is opposed, but it amends the provision under section 23 of the principal Act relating to the discovery or archaeological objects by removing the requirement to report such objects found by a person in pursuance of a consent granted or of directions issued by the Minister under section 14 or in connection with an...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Pat Gallagher: This has been a most interesting debate to which, unfortunately, I have only about five or six minutes to respond. I would have liked more time, but I will try to cover the various points in the limited time available. It is fair to say this Bill is intended to provide a balance between the protection of our heritage and the necessity to provide much-needed infrastructure, in this case the...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Pat Gallagher: I have been sitting here since this morning and interrupted no one. I am not in and out as it suits as I am doing my job. No one has asked what will happen if this Bill is not enacted. The injunction will continue, and two sections can continue to be built but not connected. I am sure the Opposition knows there will be sizeable penalty payments to the contractor after the end of July. That is...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Pat Gallagher: I will deal with that. The Bill provides that ministerial directions affecting approved road developments must be sent to An Bord Pleanála. Those are additional safeguards not provided under existing legislation. Senator Brian Hayes made a reasonable point about the turnaround time regarding national monuments. Of course, the Department is obliged to consult the museum on approximately 2,000...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I made it clear on Committee Stage why it is necessary to include this section in the Bill. Section 100 clearly removes any possibility of old, obscure legislative provisions being used to undermine the intent of this Bill. It prevents such provisions from being used to impose legal technicalities on the service. Much of the old legislation dates from the 18th or 19th century, but some, as I...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Any Acts that are being repealed are clearly referenced in the legislation. If we knew which other Acts were involved, they would also be referenced. We are trying to ensure that in the event of the discovery of a relevant Act after the enactment of this Bill, it will not affect the operation of the legislation. There may be some local Acts that have not yet been discovered. The officials...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I thank the Senators, particularly those who took an active interest in this debate — the Opposition spokespersons, Senators Bannon and McCarthy, and on the Government side, Senators Brady and Kitt — and monitored the passage of the legislation through the House. I thank everybody who contributed to the debate. Although all sides did not always agree about the various points, they...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Pat Gallagher: The protection of our archaeological heritage has been a primary concern of Government since the foundation of the State. This is clear from the considerable body of protective legislation which has been enacted over the years, in particular the National Monuments Acts 1930 to 1994. Ireland has also ratified the European convention on the protection of archaeological heritage, known as the...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I dealt comprehensively with this issue on Committee Stage. I accept that it is a fundamental matter of concern to everybody with an interest in the role and functions of local government. I acknowledge Senator McCarthy's concerns in this regard. I assure the House that I am not undermining the role of elected representatives, or excluding them from the process, by providing that the...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The wording of section 45, to which amendment No. 15 refers, was altered on Committee Stage. It now provides that "a person who causes any damage" to a pipe "is guilty of an offence". The change addressed the intention of Senator Bannon's original Committee Stage amendment, which raised concerns about damage being caused to a pipe indirectly by the actions of a third party. Senator Bannon...