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

Alice-Mary Higgins: I welcome that the Minister of State has indicated he is willing to look at that. I knew the intent solely related to legal proceedings but as the question is wider than legal proceedings, the matter may need to be clarified. I suggest that, ideally, it would not be solely a verbal clarification by the Minister of State and that the text should make it clear. We do not want to have an...

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

Alice-Mary Higgins: I move amendment No. 29: In page 71, line 28, to delete “, with all necessary modifications,”.

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

Alice-Mary Higgins: I move amendment No. 30: In page 93, between lines 13 and 14, to insert the following: “(3) Such licences described in subsection (1) and (2)may not be granted where the granting of such a licence is likely to lead to the destruction or damage to the physical integrity of a national monument.”.

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

Alice-Mary Higgins: Amendment No. 30 seeks to amend section 77 of the Bill by inserting a new subsection (3) which would specify matters about the licences described in subsections (1) and (2). This is about the issuing of licences on lands which contain a national monument. It states that such licences may not be granted "where the granting of such a licence is likely to lead to the destruction or damage to...

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

Alice-Mary Higgins: Section 75 is around maintenance, presentation and the active duties of relevant authorities in maintaining the various archaeological criteria and all of that, but the active duties they may have in that regard are slightly different from the protective pieces I am trying to insert. It is quite a reasonable bar. The bar outlined in my amendments includes the phrase "likely to lead". I am...

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

Alice-Mary Higgins: I move amendment No. 31: In page 93, between lines 13 and 14, to insert the following: “(3) Such licences described in subsection (1) and (2) may not be granted where the granting of such a licence is likely to lead to the destruction or damage to the physical, historic or cultural integrity of a national monument.”

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

Alice-Mary Higgins: I move amendment No. 33: In page 102, after line 36, to insert the following: “(3) The Minister shall carry out such consultation with such persons or communities most affected by the decision of a Minister relating to property, situated in the State, that is included, or in respect of which the Minister is satisfied that it has the potential to become included, in the World...

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

Alice-Mary Higgins: This amendment seeks to ensure that where particular communities are affected - I have mentioned, in the past, people of particular religious faiths, and ethnic groups such as Travellers - that there would be consultation with those groups regarding something which has the potential to be included in the world heritage list. Article 5(a) of the convention indicates that each State party...

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

Alice-Mary Higgins: It could be made clearer. In a way, it would be quite simple. In section 93, the Bill goes on to give a definition of "World Heritage Property". If that was what was reflected in the language of section 92, almost as if they were the other way around, then we would be clearly talking about world heritage property. Given that the preponderance of the focus tends to be on property owners as...

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

Alice-Mary Higgins: I move amendment No. 36: In page 148, after line 39, to insert the following: “Report on alignment of development with protection and conservation 169.The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas outlining a review of the proposals and objectives within the National Development Plan and their consistency...

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

Alice-Mary Higgins: This amendment is quite simple and self-explanatory in what it is seeking to do. It is a report on the alignment of development with protection and conservation. The rationale for its introduction is that we know from the 2004 amendment to the National Monuments Act 1930 that there was a very large amount of destruction of our archaeological heritage and we have seen the impact that...

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

Alice-Mary Higgins: Amendment No. 37 specifically focused on climate, whereas embodied carbon and climate are part of amendment No. 36. Heritage has a massive role to play. I believe this, have argued for it in the Joint Committee on Environment and Climate Action, and it is reflected in the committee's reports. It is spoken of in a paper from Andrew Potts, which was published by the ICOMOS group. It warns...

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. As I have understood, he has indicated that separate from the normal post or automatic response, which tends to very much function as a "Yes" or "No" response as to whether it has been implemented and so forth, he is planning to bring forward a report and many of these matters might be reflected in it. In that context, I am happy to withdraw my amendment.

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) (18 Apr 2023)

Alice-Mary Higgins: No. I would like to propose that amendments Nos. 5 and 12 be discussed separately because I am not going to move No. 5

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) (18 Apr 2023)

Alice-Mary Higgins: I will not be moving it at all, so in that context, I think it would be better if amendments Nos. 5 and 12 were treated separately.

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) (18 Apr 2023)

Alice-Mary Higgins: I move amendment No. 6: In page 10, line 32, after “(3)” to insert “and subsection (4)”.

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) (18 Apr 2023)

Alice-Mary Higgins: Amendment No. 6 is a technical amendment to make sure that amendment No. 9 will make sense. Amendment No. 9 adds a new subsection (4) to section 9, making sure that, "The Attorney General shall not, as a member of the Commission, play a role in the selection or recommendation of persons for appointment to judicial office in the Supreme Court, Court of Appeal or High Court." This would in...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) (18 Apr 2023)

Alice-Mary Higgins: To be clear, I have not removed the Attorney General altogether from the whole process and sent them out into the wilderness, which is what would come across from the contributions we heard. I am clear that the Attorney General has a role and, indeed, a political role as legal adviser to the Government. I refer to that part of the process whereby the Attorney General, as legal adviser to...

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) (18 Apr 2023)

Alice-Mary Higgins: I second the amendment.

Seanad: Judicial Appointments Commission Bill 2022: Report Stage (Resumed) (18 Apr 2023)

Alice-Mary Higgins: The Irish Human Rights and Equality Commission is not simply an organisation. It has an important statutory function. It has a function to ensure human rights and equality are reflected. The Minister of State and his Department have an obligation under the IHREC legislation to ensure that human rights and equality are properly reflected in the actions and in the legislation. I do not...

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