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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: Before I do, I wish to inform the committee that additional time is required to finalise and approve proposed amendments relating to the Phoenix Park Act 1925. If possible, I intend to bring those amendments on Report Stage.

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

Malcolm Noonan: The Phoenix Park is part of our historic heritage.

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

Malcolm Noonan: In relation to amendment No. 218, section 92 already provides comprehensive provisions for consultation in relation to world heritage property and property that has the potential to become world heritage property. My previous amendment has made it clear that consultation will take place on all matters relating to world heritage property. With regard to amendment No. 219, while synergies...

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

Malcolm Noonan: They are a further set of non-consequential amendments.

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: On amendment No. 218, there already is comprehensive provision made for consultation in relation to world heritage property. The process for getting to a point of submitting sites for the tentative list is a very expansive one and requires broad public consultation. We are satisfied that this public consultation, and the public consultation that led us to the sites we did submit for the...

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

Malcolm Noonan: We will try to get the briefing to the committee as soon as possible.

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

Malcolm Noonan: In response to Deputy O'Callaghan, we will try to get a briefing for members as soon as possible. It will be early next week, if that is okay. In response to amendment No. 44, I am proposing an amendment to section 3 on the Valletta Convention that I hope Deputies will consider appropriate enough for them to withdraw their corresponding amendments. As I stated in Seanad Éireann, the...

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

Malcolm Noonan: When the register is being compiled, that is when the extent of the site would be given consideration. I think that is what the Deputy is referring to. Is it?

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

Malcolm Noonan: Again, this relates to section 2 in terms of the classification of the monuments and how they can be classified. It is there. As I said, those existing provisions relating to the register are adequate to give full protection to the provisions, as Deputies are seeking to do under the Valletta Convention.

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

Malcolm Noonan: In response to amendments Nos. 46 and 47, the primary purpose of section 3 is to provide for a set of broad principles that mirror those found within the Valletta and Granada Conventions. While I acknowledge the ambition, statements such as the ones proposed here are not considered appropriate for a legal document, given the legal consequences that such statements relating to ownership and...

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

Malcolm Noonan: I really mean it. I welcome and support the committee's ongoing interest in the heritage brief. I must say that, because the committee has shown enormous interest in that work. I know the committee has a very heavy workload but the heritage side of the portfolio has not been forgotten. However, I have no option other than to oppose the amendments conferring statutory decision-making or...

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

Malcolm Noonan: I wish to respond to Deputy Ó Broin's important points. Regarding the aspirations set out by Deputy Ó Snodaigh in amendment No. 46, Heritage Ireland gives effect to the shared value of our intangible, built, archaeological and cultural heritage. It was a policy document drafted through widespread public engagement and support from across the country. It gives effect to perhaps...

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. 48: In page 29, between lines 26 and 27, to insert the following: “(d) that (in particular, as regards the general function referred to in section 168) the Valletta Convention should be adhered to as well as any other international treaty, to which the State is a party, the provisions which are aimed at promoting or securing the protection of the...

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

Malcolm Noonan: Again, with regret, I oppose amendment No. 192. It exists to ensure that owners who are successors in title to those who agreed deeds of guardianship under the National Monuments Act 1930 cannot argue that their existing rights under such deeds have been unilaterally rescinded by the State. I will point out that it would be possible for the Minister of the day to revoke an existing deed...

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

Malcolm Noonan: Regarding proposed amendment No. 192, the State cannot override the rights of a private owner. This is quite clear. I accept the valid points the Deputy made, but regarding promoting access to a monument, if it is in private ownership that is not something the State can override, as I said. Regarding amendment No. 213, I accept that the Deputy has used the word "may" as opposed to...

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

Malcolm Noonan: I thank the Deputy.

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

Malcolm Noonan: We could certainly look into this. Those are very valid points. This provision does not relate to monuments generally but just to those where the owner agreed to a deed of guardianship. The State cannot break that binding agreement with the owner. The deed, however, can be replaced under a section 72 process. We can certainly, then, consider this proposal. I again note that we are only...

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

Malcolm Noonan: There is a hugely important issue in this amendment. Provision has already been made in the Bill to enable the ratification of the UNESCO 1970 convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, and the 1995 UNIDROIT convention on stolen or illegally exported cultural objects. These conventions jointly provide the...

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

Malcolm Noonan: The conventions the Irish State is party to provide the mechanism by which the Minister, the State and the government of the day can work through international co-operation with other states on the prevention of illicit import and export and the transfer and ownership of cultural property. There are good, overarching international agreements in place that support this. We have given effect...

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