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Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I thank the Deputy for the good intention behind this amendment. I wholeheartedly agree we all have a duty to protect our heritage. As has been confirmed multiple times during the Bill's passage through the Oireachtas, the enacted Bill will not only give effect to many aspects of the Valletta Convention, but it is the main vehicle the State will use to give effect to the convention. It...

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I recall our discussions on the public access issue, although that is obviously not within the scope of this Bill. To reiterate, I am confident the Bill addresses much of what the Valletta Convention asks signatory nations to set out to achieve. Critically, the Bill will strengthen the protection of our heritage. That is significant.

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I again thank the Deputy for his proposals outlined in amendments Nos. 25, 26 and 72, but I ask him to consider withdrawing them as I intend to propose a range of amendments relating to the use of national and local newspapers for the purposes of section 18 general list notices in either hard copy or electronic format. Amendment No. 71, unfortunately, is not considered workable. As mentioned...

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I agree wholeheartedly with the Deputy. There is such a plethora of information-sharing platforms. In many cases, the way people get their information nowadays is changing dramatically. Thankfully, there is still generally quite a good readership of local newspapers, especially in rural areas, as the Deputy said. I have given a commitment to, and we are proposing, a range of amendments...

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I again thank the Deputy for this proposal. I confirm that I will propose significant amendments directly to the terminology used in section 173 to provide for this amendment. Accordingly, I ask the Deputy to consider withdrawing it. Specifically on amendments Nos. 186 and 187, following on from Deputy Ó Snodaigh’s proposed amendment,amendments Nos.186 and 187delete the term...

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I move amendment No. 29: In page 30, line 1, after “place” to insert “, including any other site directly associated with that event”.

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: As I stated on Committee Stage, I fully endorse and support every effort to promote the use and status of the Irish language. My officials engaged with the Parliamentary Counsel on this matter. The approach considered under amendments Nos. 15, 17, 18, 20, 51 and 159 is, unfortunately, considered to be most unorthodox and introduces legal risks and discrepancies across the Statute Book....

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I appreciate the concerns brought forward by the Deputy on this. There has been inconsistency. I appreciate the fact the Deputy accepts the Government's intention on this.

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I move amendment No. 19: In page 23, line 28, after “literary” to insert “, linguistic”.

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I apologise to Deputy Sherlock if I have caused confusion by my confusion. Amendment No. 28 deals with landscape. As I said, landscape designation areas are already in the Planning and Development Act - I think it is section 274. Amendment No. 28 deals with locations, landscape areas, where a monument could be located rather than the monuments themselves which the Bill intends to protect....

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I will first respond to Deputy Sherlock's initial query in relation to landscapes and the Labour Party amendment. The landscape designation is provided for in the planning and development legislation. The Deputy mentioned specifically the Valetta Convention and there is no mention of landscape in the convention. What we are doing here provides extra protection for surrounding areas as...

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I refer to the points raised by Deputy Browne and, as I said earlier, it is not the case that we have not taken on board the amendments brought forward by the Opposition. We have improved and used the concerns brought forward by those amendments and put them in with their own amendments. The majority of the amendments we are putting forward are to give effect to concerns and issues which...

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I move amendment No. 6: In page 21, to delete lines 28 and 29 and substitute the following: “ “amenity”, in relation to a monument or thing, includes the setting of the monument or thing, and “amenity value” shall be construed accordingly;”.

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I move amendment No. 9: In page 22, line 22, after “event” to insert “, period, subject”.

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I move amendment No. 12: In page 22, line 36, to delete “ground” and substitute “grounds”.

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: Gabhaim buíochas leis an Leas-Cheann Comhairle. I move amendment No. 14: In page 23, between lines 6 and 7, to insert the following: “ “battlefield” includes— (a) any area or areas (to the extent (if any) that it or they can be both identified and geographically defined) where the majority of the combat (including any significant military...

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I again thank Deputies Ó Snodaigh and Bacik for their contributions. By way of reassurance on a point made by Deputy Ó Snodaigh, I note the fantastic work we have put in so far in our attempts to make this Bill stronger. Deputy Ó Snodaigh has done that. The Government has taken on board many of the proposals he has brought forward through our own amendments. In fact, the...

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: Does it include the definition of "archaeological object"?

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: I move amendment No. 3: In page 19, line 22, to delete “and the Maritime Area Planning Act 2021” and substitute “the Maritime Area Planning Act 2021 and the Wildlife (Amendment) Act 2023”.

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: Report and Final Stages (27 Sep 2023)

Malcolm Noonan: The current Title of the Bill, as proposed by the Parliamentary Counsel, reflects the broad scope of the Bill while also focusing on a central element of the provisions contained therein. The term "historic heritage", as defined in section 2 of the Bill, encompasses a wide range of different heritage areas and interests, and I cannot see why "cultural heritage" should be listed in the Title....

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