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

Malcolm Noonan: I move amendment No. 32: In page 26, to delete lines 20 to 24 and substitute the following: “ “registered monument” means— (a) a relevant thing of a relevant interest the particulars of which are entered in the Register pursuant to section 14(3)(a)*, or (b) a prescribed monument the particulars of which are entered in the Register pursuant to section...

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

Malcolm Noonan: I move amendment No. 33: In page 26, line 27, to delete “artistic, historic or traditional” and substitute “historic or cultural”. Amendment 33 relates to the addition of “cultural interest” into the bill and corrects the usage of relevant terms by removing “artistic” and “traditional”, as “cultural interest" is...

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

Malcolm Noonan: Given the Government amendments previously discussed, I introduced cultural interests into the scope of the Bill. I would ask Deputies to consider withdrawing their proposed amendments.

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

Malcolm Noonan: Again, I thank Deputies for bringing these matters to my attention. On amendment No. 35, I am of the view that the term “relevant thing” is a key definition used in the Bill and the repurposing of the term for the purposes of section 173 - matters that relate to the supply of machinery or vehicles for use in the commission of an offence under the enacted Bill - may lead to some...

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: Absolutely.

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

Malcolm Noonan: Yes. That delineation will be done by the process of entry to the register.

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

Malcolm Noonan: Historic sites or legendary sites, for instance, could also be included. That could be landscape scale, if that is what Deputy O'Callaghan is referring to.

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

Malcolm Noonan: Yes.

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

Malcolm Noonan: Yes, and sometimes there are groups of monuments. Many of these monuments do not occur in isolation. They can be in groups. This delineation will happen during the process of entry onto the register.

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

Malcolm Noonan: I would not be concerned about that. As I said, the process by which the register is put together is where the delineation will occur. The importance and significance of the area would be included in the register.

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

Malcolm Noonan: I move amendment No. 39: In page 27, between lines 25 and 26, to insert the following: " "traditional interest" includes of interest by virtue of folklore, folklife, myth or legend;".

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

Malcolm Noonan: I move amendment No. 40: In page 27, line 31, to delete "digging, ploughing" and substitute "ground disturbance (including digging, ploughing or excavation)".

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

Malcolm Noonan: I move amendment No. 41: In page 27, line 33, to delete "excavation,".

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

Malcolm Noonan: I move amendment No. 42: In page 27, line 35, after "damage" to insert "or defacement".

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

Malcolm Noonan: I move amendment No. 43: In page 27, line 37, to delete "section 93" and substitute "section 91". Following discussions in the Seanad, I made commitments to bring further clarity to elements of Part 3 of the Bill. This set of amendments will switch the definition of "World Heritage Property" to the beginning of Part 3 and provide additional clarity that consultations under section 92(2)...

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

Malcolm Noonan: It covers amendments Nos. 215 to 217, inclusive.

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

Malcolm Noonan: As I recall, this emerged from debate in the Seanad. There was concern about the use of the word "property". This is about providing clarity. We are moving the definition to the top section to provide clarity.

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

Malcolm Noonan: It is just the definition of world heritage property, if that is what Deputy Ó Broin is asking. It was moved from section 93 to section 91 to provide further clarity on world heritage property. This is what the amendment is about.

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

Malcolm Noonan: Is that okay?

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