Results 2,241-2,260 of 4,726 for speaker:Malcolm Noonan

Nature Restoration Law: Motion [Private Members] (5 Jul 2023)

Malcolm Noonan: At the outset, before I go into my scripted speech, I would like to thank all the Deputies. I want to thank Deputy Fitzmaurice, and I would like to state that it is not the Government's intention to cause division by tabling a countermotion. I really appreciate the constructive engagement the Deputy has consistently shown down the years with the peatlands in particular. I thank Deputy...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I move amendment No. 53: In page 30, line 24, after “Expenditure” to insert “, National Development Plan Delivery”. These are technical amendments to update the name of the Department of Public Expenditure, National Development Plan Delivery and Reform from the Department of Public Expenditure and Reform.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I move amendment No. 54: In page 30, line 27, 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) (4 Jul 2023)

Malcolm Noonan: I move amendment No. 57: In page 32, to delete lines 1 to 5 and substitute the following: “(a) in relation to a relevant thing of a relevant interest, means the entry of particulars of the thing in the Register pursuant to section 14(3)(a), (b) in relation to a prescribed monument (not being a registered monument), means the entry of particulars of the monument in the Register...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I move amendment No. 58: In page 32, line 11, after “(b))” to insert “and the entry in the Register of a statement referred to in section 15(2)”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: On amendment No. 60, the concept of prescribed monuments is a fundamental element of the Bill, and provides a major strengthening of the legal protection to archaeological sites, whereby such sites are protected without the need for formal designation or registration. The use of the word “may” is intentional and is considered necessary from a drafting point of view. The use...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I move amendment No. 62: In page 34, lines 24 and 25, to delete “(and whether or not they are also of other interest)” and substitute “or of other relevant interest”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I move amendment No. 63: In page 35, to delete lines 12 and 13 and substitute the following: “(g) whether the relevant thing is or is not marked or shown on any— (i) edition of any ordnance map, or (ii) map prescribed for the purposes of this paragraph.”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: Several paragraphs under section 13(5), namely paragraphs (b) to (e), require a person to specify the date, time and circumstances in which he or she has found or believes to have found a prescribed, as well as a description of the monument and the site where it is situated. The initial part of the amendment being "an account of the find's discovery" would appear to be a duplication of what...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I appreciate the intention behind the amendment. As I said, it is well provided for in the Bill. If the Deputy wants to bring something back in on Report Stage, we would welcome that.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I move amendment No. 66: In page 37, to delete lines 12 and 13 and substitute the following: "(c) the inspection would pose a risk to the health or safety of the person who would otherwise carry out the inspection on behalf of the Minister, (d) the inspection is not merited or is otherwise unnecessary, or (e) the return is trivial or vexatious.”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I move amendment No. 67: In page 37, between lines 13 and 14, to insert the following: “(11) Nothing in this section shall be construed to prejudice the generality of section 188.”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I do not intend to extend consultation requirements beyond what has been introduced following the pre-legislative scrutiny recommendations and the additional amendments I will be moving later. Under the Heritage Act 1995, the Heritage Council is the independent statutory body established to propose policies and priorities for the protection, preservation and enhancement of monuments and...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I thank the Deputy. As I mentioned, the Heritage Act 1995 explicitly states that the references to the National Monuments Advisory Council are to be construed as references to the Heritage Council. The Heritage Council takes up that role. That is exactly what the Heritage Act states.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I appreciate that. I reassure Deputies that upon the enactment of this Bill, the Heritage Council will have a strong role in terms of direct consultation and its ability to consult with other public bodies and persons it considers appropriate when making recommendations. In my view, that is strong enough. Since last week, I have not obtained any extra figures. However, I gave a...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: It is a fair point. This is a matter for the Heritage Council to anticipate what it requires and to build up its resources over time. It will be appreciated that once this Bill is enacted and that role is in place for the Heritage Council, it will make its requests about what it needs in the context of additional resources through the budgetary process. Again, I do not have that to hand....

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I agree with everything the Deputy said. We do not anticipate that the deregistration of monuments or the lowering of protections would happen very often, so I give that assurance. It may be the case that the Heritage Council is already well resourced or adequately resourced to carry out its function in this regard. As I said, however, if additional resources are required, that is a matter...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: I move amendment No. 70: In page 37, to delete lines 26 to 29 and substitute the following: “(a) such relevant things of a relevant interest known to the Minister as he or she is of the opinion are appropriate to be entered in the Register, and (b) such prescribed monuments known to the Minister as he or she is of the opinion are appropriate to be entered in the Register.”....

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (4 Jul 2023)

Malcolm Noonan: Regarding amendment No. 79a, the inclusion of the word "shall" is not workable as the discretionary power to specify topographical features or boundaries as set out under section 14(5) may not always be exercisable as such features or boundaries may not always exist. Again, I cannot accept this amendment.