Results 2,001-2,020 of 4,810 for speaker:Malcolm Noonan

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: On the proposed amendment to the Bill, as it stands, following Dáil amendment No. 15, including "historical" in the term "historic" is to remove any doubt that when the term "historic" is used, it relates to matters belonging to the past and not only to something that may have changed history or is considered famous in historical context. The addition of "traditional", as proposed,...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 28 follows a commitment I made during the previous Report Stage in the Seanad. Section 3 outlines the principles that a person performing a function under the Bill must acknowledge and consider. This amendment acknowledges the significance of, and will further an adherence to, the Valletta Convention or any treaty aimed at promoting or securing the protection of...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Amendment No. 2 was ruled out of order.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: This group of straightforward amendments consists of a range of technical amendments, the vast majority of which were introduced to update the names of Government Departments and public sector bodies. Some typographical errors were also corrected here.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: The first set of these amendments relate to prescribed monuments and consist of some minor amendments relating to ordnance maps, reports of finds of prescribed monuments, and one major change that was introduced following discussion in this House. Dáil amendment No. 35 broadens the basis of prescribed monuments by moving from a position where the classes of prescribed monuments, as set...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: I will provide the background.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Yes. I refer to the rejection of Seanad amendment No. 2, to the Bill, as it stands following Dáil amendment No. 56. While I appreciate the intention behind this amendment and fully recognise the need to ensure that notices regarding register actions are disseminated as widely as possible, it would not be prudent to do so as proposed. Volatility in the media sector and the changes...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Amendments in this group are primarily concerned with the important matter of works that are proposed to be carried out at monuments. New provisions include consultation with authorities in other states that have responsibilities for historic heritage and measures regarding access for members of the public to a monument.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Following advice from senior advisory counsel in the Office of the Attorney General, a range of amendments have been introduced to clarify the alignment of the Bill with the Aarhus Convention and the EIA directive. Substantial amendments have been made to section 41 and I believe it is important to provide some detail on these amendments. Order 84 of the Rules of the Superior Courts...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: These amendments have been made to strengthen the Transboundary Convention and bring additional states into scope that are not EU member states, such as the United Kingdom. The Convention on Environmental Impact Assessment in a Transboundary Context, which is informally known as the Transboundary Convention or Espoo Convention, sets out the obligations of states parties to assess the...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: The first part of these amendments relate mainly to the transfer by a public or local authority of a registered monument. In summary, they require a local authority to publish a notice in a national newspaper when it intends to transfer ownership of a registered monument. The newspaper notice must invite representations from members of the public and such representations are to be taken...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: These amendments relate to archaeological objects. The primary amendment to section 99 provides that where the board of the National Museum intends to dispose of an archaeological object found during an activity licensable under the Bill, the board must first consult with the Minister before making its decision. Introducing such a consultation requirement is consistent with the Minister...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Under section 135, special protection is deemed to apply to wrecks 100 years old or more. Dáil amendment No. 127 also applies special protection to registered and prescribed monuments situated on, in or under land covered by water. This will ensure that section 135 better relates to section 136 in the context of the activities that are prohibited at registered and prescribed monuments...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 130 inserts “immediate surroundings” into section 148(1)(e). The effect is that the unauthorised possession of detection device in, at, on, over, above, or within the immediate surroundings of a registered monument of a wreck one hundred or more years old, will be an offence. This will assist enforcement and strengthen the application of subsection...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: This group of amendments covers several matters relating to licences issued under section 151 of the Bill. Examples of these amendments include: technical amendments relating to the granting of, or a refusal to grant, individual licensable activities as part of a licence application; amendments relating to conditions that may be attached to a licence; provision that further licensable...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: I believe that the proposed amendment to the Bill as it stands following Dáil amendment No. 143 would likely be counterproductive. This is because the text proposed to be inserted could be construed as limiting the circumstances in which non-compliance with a previous licence could warrant refusal of a further licence. It might be argued that it was necessary to demonstrate destruction...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Section 152 is a major addition to the legal mechanisms for ensuring that works and activities regulated under the legislation are carried out to the appropriate standard. It enables a licensing authority to require an applicant to have his or her competence assessed through procedures set out in regulations. This is especially relevant to ensuring that specialist activities such as...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 154 was introduced following an initial amendment brought about as a result of concerns raised in the Seanad as to whether there was sufficient provision in the Bill to ensure that statutory local authority development plans under the Planning and Development Act 2000 would take sufficient account of the register of monuments. Following a review of section 167, I...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: The power conferred by section 167 on the Minister of the day to issue statutory guidelines to local authorities, which they will be bound to have regard to in the exercise of their functions under any legislation, is far-reaching. It may have significant implications for a wide range of stakeholders, not just experts in the various aspects of heritage. Local communities, members of the...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendments Nos. 155 and 156 delete the term “relevant thing” from section 173 and replace it with the term “relevant item” instead. This amendment was made to avoid potential confusion with the key definition “relevant thing” used elsewhere throughout the Bill and assigned a different meaning.