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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.

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

Malcolm Noonan: I thank Deputy Ó Snodaigh. Deputy O'Callaghan made very a very valid case. How do we determine those historic battlefield sites that are relevant to another state? There are more amendments to the Bill relating to the transboundary convention which could deal with some of the queries the Deputy has on the site of the Battle of Aughrim and others. Under the battlefields project, we...

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

Malcolm Noonan: I will come back to Deputy O'Callaghan on Report Stage on the issue he raised.

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. 55: In page 30, line 33, 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. 56: In page 31, line 17, to delete “or 87(2)” and substitute “or (3)”. This straightforward amendment to the definition of "authorised officer" seeks to remedy a drafting error. Section 87(2) is incorrectly referenced and should be replaced with section 87(3). Amendment No. 87 is a consequential amendment that relates to amendment No. 70...

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

Malcolm Noonan: With regard to amendment No. 71, section 14 provides for the establishment of the register of monuments, which will replace several designation and registration systems under the existing National Monuments Acts. The register will be an electronic database easily accessible to members of the public and, under section 14(2)(b), the register may also be in such other forms as the Minister...

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. 83: In page 38, line 28, to delete “artistic, historic or traditional” and substitute “historic or cultural”.

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. 87: In page 38, line 39, to delete “subsection (3)(a)” and substitute “subsection (3)(b)”.

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. 88: In page 39, line 1, after “are” to insert “, or may be,”.

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