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Heritage Bill 2016: Report Stage (Resumed) and Final Stage (4 Jul 2018)

Josepha Madigan: I will address the comments one by one rather than read my speaking note, which I may come back to if there is a two-minute slot. For the information of Deputy Tóibín, it is not carte blanche. We are supporting biodiversity. I have a €250,000 fund this year for the county action plans and I also have a national biodiversity action plan. I also have €285 million in...

Heritage Bill 2016: Report Stage (Resumed) and Final Stage (4 Jul 2018)

Josepha Madigan: I thank the Acting Chairman. Deputy Byrne is not here and I may come back to his comments. In response to Deputy Catherine Martin, flails are not fair game. The landowner is allowed only to deal with a hazard or a safety issue. We do not need to ban flails under the section 8 provision as they are not permitted in any case. This will allow dealing with a hazard only, not the entire...

Heritage Bill 2016: Report Stage (Resumed) and Final Stage (4 Jul 2018)

Josepha Madigan: They are not in this House and I am not in a debate with them.

Heritage Bill 2016: Report Stage (Resumed) and Final Stage (4 Jul 2018)

Josepha Madigan: I am not misinformed and stand by my comments. My experts are the leading experts in the country. Even in Irish, the Deputy is using the language of the red top. We need an even-handed level-headed fact-led debate. Deputy Michael Healy-Rae also is not here. I am sorry to hear about the lady who lost her eye. As legislators in a democracy our job is to legislate in a balanced way for the...

Heritage Bill 2016: Report Stage (Resumed) and Final Stage (4 Jul 2018)

Josepha Madigan: I acknowledge Deputy Ó Cuív's work on section 8 of the Bill. Rather than re-ventilating everything at this stage I believe it would be wise to put the question, under Standing Order 68(1). It is at the discretion of the Ceann Comhairle but this issue was long debated last night and this evening. In my view there is nothing to be gained by reiterating every point that was made...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Departmental Contracts (4 Jul 2018)

Josepha Madigan: I am advised that my Department has not engaged polling companies or market researchers during the period in question. 

Written Answers — Department of Culture, Heritage and the Gaeltacht: Invasive Plant Species (4 Jul 2018)

Josepha Madigan: My Department is responsible for the implementation of the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477/2011), both of which prohibit the spreading of invasive species. In law, control of invasive species such as Japanese Knotweed is a matter in the first instance, for landowners. In this regard, my Department carries out considerable...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Wildlife Conservation (5 Jul 2018)

Josepha Madigan: Farmers who are participants in GLAS or the Hen Harrier Scheme are required to operate according to their Farm Plan or Action Plan as per the terms and conditions of those schemes. My Department understands however that the person referred to is not in GLAS, the Hen Harrier Scheme or the NPWS Farm Plan Scheme. There are only three activities which require consent for the Special Protection...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Turf Cutting Compensation Scheme Applications (5 Jul 2018)

Josepha Madigan: An application for compensation under the cessation of turf cutting compensation scheme was received by my Department on 20 June 2018 from the individual referred to in the Deputy’s Question. With respect to 53 raised bog special area of conservation sites, the qualifying criteria for the scheme are that: - The applicant must have had a legal interest (ownership or a turbary right...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Departmental Staff Training (5 Jul 2018)

Josepha Madigan: I understand that my Department appointed a Data Protection Officer (DPO), earlier this year in line with the requirements of Article 37 of the GDPR. To date, the DPO has undergone comprehensive training in data protection and is responsible for the oversight of arrangements for transition to the new regulatory regime, including revision of the Department’s existing Data Protection...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Ministerial Meetings (5 Jul 2018)

Josepha Madigan: I had a meeting with the Tánaiste and Minister for Foreign Affairs and Trade on 22 June, along with relevant officials from my Department, to discuss this project. A minute was kept of the meeting. Officials from my Department also continue to engage with the local authority as this project is being developed and managed by the local authority. The project has significant...

Seanad: Declaration of Independence Day Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: I thank Senator Swanick for bringing forward this legislation. I met his beautiful wife and children outside. It is lovely to see them here today. I have decided not to propose an amendment to the Bill at this Stage but as I said on Committee Stage, I consider the Bill requires some amendment. My officials have been considering the issue in consultation with relevant Departments and the...

Seanad: National Archives (Amendment) Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: Amendment No. 7 proposes to delete "may" and substitute "shall". On consideration of this amendment, and following advice received from the Office of the Attorney General, I cannot support this proposed amendment for the following reasons. The advice of the Attorney General is that the procedure in section 8 of the principal Act is cumulative, in that as Minister, before I can make an order...

Seanad: National Archives (Amendment) Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: The Government desires a balanced approach to the release of departmental records. For this reason the proposed legislation includes checks and balances. All decisions to release documents will be taken in consultation with the director of the National Archives. The consent of the Taoiseach, the Minister for Public Expenditure and Reform and the relevant member of the Government are also...

Seanad: National Archives (Amendment) Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: I am not sure if Senator Warfield was here when I spoke on amendment No. 7. As I said with regard to amendment No. 7, I am acting on the advice of the Attorney General's office and I cannot accept the amendment. On amendment No. 8, it is important that Departments with relevant experience carry out the relevant functions. For example, the director would not be in a position to judge the...

Seanad: National Archives (Amendment) Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: I thank the Senator for her kind words. I do not propose to go into Senator Warfield's amendment No. 7 again. I did actually address his question about the Attorney General. On the 1926 census, the view of the Central Statistics Office is that any weakening of the existing 100 year guarantee of confidentiality would result in undermining the public trust in the confidentiality of the...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Heritage Sites (10 Jul 2018)

Josepha Madigan: The site referred to by the Deputy is included in the statutory Record of Monuments and Places and, as such, is protected under the National Monuments Acts. Because of resource implications, the State is only ever in a position to acquire, maintain and present to the public a relatively small number of heritage properties and monuments.  My Department makes such acquisitions...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Wildlife Control (10 Jul 2018)

Josepha Madigan: I am advised that the policy of the Department of Agriculture, Food and the Marine is that pest and mammal control is a matter for landowners.  Grey squirrels are not a protected species under the Wildlife Acts and are considered a pest species as they cause serious damage to broadleaf trees.  Teagasc outline a number of management options to reduce a woodland’s...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Architectural Heritage (10 Jul 2018)

Josepha Madigan: My role as Minister, with regard to the protection and management of our built heritage is set out in the provisions of relevant legislation, as are the roles of planning authorities and the responsibilities of owners. The Planning and Development Acts give primary responsibility to planning authorities to identify and protect our architectural heritage by including relevant structures on...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Departmental Funding (10 Jul 2018)

Josepha Madigan: In February 2016, my Department offered a capital grant in principle to Mayo County Council of up to €2 million towards the cost of construction of the proposed centre referred to in the question, subject to the standard conditions that apply to all such capital grants. The grant followed a formal request for funding in July 2015 from the project promoters, Mayo County Council. ...

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