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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: 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...

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

Malcolm Noonan: Regarding amendments Nos. 184 and 186, it is appropriate to require consultation with the joint Oireachtas committee in matters relating to the acquisition of a registered monument by the Minister of the day or a local authority. It may be the case that such transactions contain confidential or sensitive information and, in any event, these are operational matters that should be left to the...

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. 185: In page 77, line 39, to delete “under this section”.

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

Malcolm Noonan: Section 57 relates to an ancient monument or a national monument within the meaning of the Irish Land Act 1903. The terminology in the Bill as drafted needs to be retained, as it is a direct reference to orders made under section 14(3) of the 1903 Act. For this reason, I would ask the Deputy to withdraw the amendment.

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

Malcolm Noonan: Regarding amendment No. 193, sometimes an action may be within the realms of possibility but cannot be taken for practicable reasons, for example, due to a lack of resources, materials or funding. It may be possible to do a great many things in respect of a national monument, but it is not realistic to impose a legal obligation that all things possible shall be done. I cannot accept this...

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. 195: In page 91, lines 25 and 26, to delete “artistic, historic and traditional” and substitute “historic and cultural”.

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

Malcolm Noonan: As Deputies will of course have noted, the Bill establishes a wide range of licensing requirements, not only in respect of works to monuments but in relation to activities impacting on archaeological objects and historic wrecks and restricting the carrying out of certain activities, even where not immediately directed at known elements of historic heritage, for example, archaeological...

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. 202. In page 94, line 34, after “Expenditure” to insert “, National Development Plan Delivery”.

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. 203: In page 95, line 2, after “Expenditure” to insert “, National Development Plan Delivery”.

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. 204: In page 95, line 4, after “Expenditure” to insert “, National Development Plan Delivery”.

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. 205. In page 95, line 8, after “Expenditure” to insert “, National Development Plan Delivery”.

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. 206: In page 95, line 10, after “Expenditure” to insert “, National Development Plan Delivery”.

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. 215: In page 102, between lines 20 and 21, to insert the following: “World Heritage Property in State 91.A property included in the World Heritage List under Article 11 of the Convention, and which is situated in the State, shall be known as “World Heritage Property”.”.

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

Malcolm Noonan: We oppose the amendment to the amendment but we can give it consideration on Report Stage.

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. 216: In page 102, lines 34 and 35, to delete "property, situated in the State, that is included, or" and substitute "World Heritage Property or property"

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. 217: In page 102, line 36, to delete "included," and substitute "included"

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. 230: In page 105, line 3, after "Expenditure" to insert ", National Development Plan Delivery".

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

Malcolm Noonan: Under section 98, the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media has discretionary powers to acquire archaeological objects by agreement or compulsorily. As the circumstances set out in this amendment are already provided for under the Bill, I am not able to accept it.

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. 232: In page 105, line 25, to delete "and (6)" and substitute ", (6)and (7)".

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