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Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: That is a valuable point. The transboundary convention is around that consultation piece with other member states. If it is of use we can certainly look on Report Stage in terms of a specific power to consult, where necessary, Northern Ireland bodies.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 151: In page 67, line 3, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 154: In page 67, line 39, to delete “Member State, or where another Member State” and substitute “Transboundary State, or where another Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 155: In page 67, line 41, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 156: In page 68, line 2, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 157: In page 68, line 5, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 158: In page 68, line 7, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 159: In page 68, line 9, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 160: In page 68, line 14, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 161: In page 68, line 16, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 162: In page 68, line 17, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 163: In page 68, line 19, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 165: In page 69, line 8, to delete “Member State” and substitute “Transboundary State”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 168: In page 70, to delete lines 27 to 29.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 169: In page 70, line 31, to delete “section 40(4)” and substitute “40(4)”. Amendment No. 169 deals with a minor drafting matter. It removes the word "section" as it is a duplicate. Amendment No. 171 was proposed following discussions in the Seanad where it was requested it be made explicitly clear the questioning of the validity of an act...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I reiterate that amendment No. 171 is in the context of legal proceedings only. The senior counsel in the Attorney General's office has checked all this from a legal perspective and it is completely Aarhus-compliant. The ability of the public to participate under the Aarhus Convention is not in any way compromised by this. In fact, Article 9 is expressly catered for by the provision that...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 171: In page 70, line 39, after “not” to insert “in legal proceedings”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 178: In page 74, lines 31 and 32, to delete “the Property Registration Authority” and substitute “Tailte Éireann”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: While I am not in a position currently to agree to these amendments as proposed, I see merit in what is being proposed here. I make a commitment to consult with the Heritage Council and the Office of the Parliamentary Counsel to determine if similar provisions can be brought forward on Report Stage regarding, first, a mandatory consultation where a public or local authority intends to...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Malcolm Noonan: I move amendment No. 182: . In page 76, between lines 7 and 8, to insert the following: “(5) Nothing in this section shall operate to prevent any provision of this Act having effect in relation to a prescribed monument notwithstanding that a relevant date has not been specified in respect of the geographical area of the State in which the monument is situated.”. Section...

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