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Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) (28 Mar 2023)

Alice-Mary Higgins: I move amendment No. 19: In page 57, between lines 30 and 31, to insert the following: “(3) Notwithstanding subsection (2)(b), the Minister may not prescribe an established recurrent activity as a class of relevant works if such activity is likely to lead to the destruction or damage to the physical or cultural integrity of a monument to which general protection applies, regardless...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) (28 Mar 2023)

Alice-Mary Higgins: I move amendment No. 20: In page 57, between lines 32 and 33, to insert the following: “(4) This section shall not apply to a class of relevant works which would restrict public access to a national monument for a period of more than 2 years.”.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) (28 Mar 2023)

Alice-Mary Higgins: Amendment No. 20 inserts a new subsection (4) into section 31, which provides that said section shall not apply to a class of relevant works which would restrict public access to a national monument for a period of more than two years. This is important because our heritage belongs to all of us collectively, as we discussed previously. The relationship with heritage is something we should...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) (28 Mar 2023)

Alice-Mary Higgins: I thank the other Senators for their contributions, including Senator Cassells. The principle of access is an important one and the Minister of State has acknowledged community value in one other part of the Bill but this is important as well. The reference to "class of relevant works" is not simply around classes of relevant works and we have the exemptions. We have discussed this...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) (28 Mar 2023)

Alice-Mary Higgins: I move amendment No. 21: In page 57, between lines 32 and 33, to insert the following: “(4) Where a class of relevant works has restricted public access to a national monument for a period of more than 2 years, the Minister shall review his or her prescription of such a class of relevant works and their impact on public access to national monuments.”.

Seanad: An tOrd Gnó - Order of Business (29 Mar 2023)

Alice-Mary Higgins: I propose an amendment to the Order of Business: "That No. 21 be taken before No. 1." The Civil Engagement Group is proposing the introduction of the Electoral Reform (Amendment) and Miscellaneous Provisions Bill 2023 to address some of the gaps in the mandate that was given to the Electoral Commission. When the 2022 Act was progressing through the House, I and colleagues raised deep...

Seanad: Electoral Reform (Amendment) and Miscellaneous Provisions Bill 2023: First Stage (29 Mar 2023)

Alice-Mary Higgins: I move: That leave be given to introduce a Bill entitled an Act to amend the Electoral Reform Act 2022 to provide in the functions of An Coimisiún Toghcháinfor the review of the electoral system and franchise for Seanad Éireann, and to provide in the functions of An Coimisiún Toghcháinfor the review of voting age; to amend the Electoral Act 1997 to protect the right...

Seanad: Electoral Reform (Amendment) and Miscellaneous Provisions Bill 2023: First Stage (29 Mar 2023)

Alice-Mary Higgins: Next Tuesday.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: I move amendment No. 22: In page 60, line 22, to delete “including” and substitute “and shall include”.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: I will speak to the grouping.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: Amendment No. 22 is a relatively minor amendment. It seeks to ensure a notice of a screening determination for the environmental impact assessment, EIA, would be published on the website of the Department, together with information on the procedure for seeking to have that decision judicially reviewed. The screening determination, which decides whether an EIA is needed, is something which...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: I thank the Minister of State for accepting and acknowledging that point regarding archaeological interest. It will be more in tune with later sections of the Bill, which recognise that broader scope – not just archaeological but historic, cultural and community that is spoken of later. Having that wider frame of "things" will be important. It will considerably strengthen the Bill...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: I move amendment No. 23: In page 61, between lines 19 and 20, to insert the following: “(3) In respect of the Minister’s determination of a relevant application, the Minister shall demonstrate due regard to the results of the EIA.”.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: I move amendment No. 25: In page 62, between lines 21 and 22, to insert the following: “(7) Nothing in subsection (6) shall be regarded as undermining the responsibilities of the applicant under the EIA Directive.”.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: I move amendment No. 27: In page 69, between lines 23 and 24, to insert the following: “(b) invite the public-participation network within the local authority in whose functional area the person proposes to carry out the relevant work to make (within such period as the Minister may specify) observations to the Minister in relation to the request,”.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: I am seeking to insert a new paragraph in section 40(2) to provide that, where the Minister is making a determination on whether to grant an exemption from the requirements of sections 32 to 39, the Minister would, as well as seeking the views of the local authority concerned, engage or invite the public participation network, PPN, within the local authority in whose area the person proposes...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: I thank the Minister of State. That would be a welcome strengthening of section 167 in the context of the collective ownership by the public of national and local monuments. Referring to them and including them in the annexe would be positive. I recognise the Minister of State's intent to set out in the guidelines best practice for that local authority engagement. In that context, I will...

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: I move amendment No. 28: In page 70, to delete line 39, and in page 71, to delete lines 1 to 7.

Seanad: Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage (18 Apr 2023)

Alice-Mary Higgins: The amendment relates to language I was concerned about in section 41(2), which states, "A person shall not question the validity of ... an act done by the Minister under this Chapter in the performance or purported performance of a function under this Chapter for which an EIA or an AA is required, or ... a relevant licence granted in relation to a matter referred to in this Chapter that is a...

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