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Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Would the Deputy mind repeating the second part of the question?

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: On the first part of the Deputy's question on the additional protection, I do not have a specific figure as to how many of the 180,000 monuments will be covered but this will add a very strong level of protection. I will take on board the points the Deputy has made with regard to the section 9(2) proposed by his amendment. I again give a commitment in that regard. We aim to set up a...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: There could be issues with landowners proving they were not aware of a notice. The specific notice is the ideal but, as I said when referring to my speaking notes, we need to give credence to the practical considerations. With this Bill, it is our intention to give notification where we can. We note the points raised in these amendments and the challenges with regard to notification. As I...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: We are certainly willing to give this consideration and take a further look at it. The Deputy mentioned the Derelict Sites Act but it is very difficult to compare like with like here. We are talking about 180,000 monuments-----

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes, but it is a different situation. Our plan would be to establish the register first of all and then to work towards refining the specific notice once the register is established. The first part or chunk of the work is obviously to establish the register and then look at the notification. I am taking on board the points both Deputies have made and they are absolutely valid and...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 32: In page 26, to delete lines 20 to 24 and substitute the following: “ “registered monument” means— (a) a relevant thing of a relevant interest the particulars of which are entered in the Register pursuant to section 14(3)(a)*, or (b) a prescribed monument the particulars of which are entered in the Register pursuant to section...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 33: In page 26, line 27, to delete “artistic, historic or traditional” and substitute “historic or cultural”. Amendment 33 relates to the addition of “cultural interest” into the bill and corrects the usage of relevant terms by removing “artistic” and “traditional”, as “cultural interest" is...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Given the Government amendments previously discussed, I introduced cultural interests into the scope of the Bill. I would ask Deputies to consider withdrawing their proposed amendments.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Again, I thank Deputies for bringing these matters to my attention. On amendment No. 35, I am of the view that the term “relevant thing” is a key definition used in the Bill and the repurposing of the term for the purposes of section 173 - matters that relate to the supply of machinery or vehicles for use in the commission of an offence under the enacted Bill - may lead to some...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Absolutely.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes. That delineation will be done by the process of entry to the register.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Historic sites or legendary sites, for instance, could also be included. That could be landscape scale, if that is what Deputy O'Callaghan is referring to.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: Yes, and sometimes there are groups of monuments. Many of these monuments do not occur in isolation. They can be in groups. This delineation will happen during the process of entry onto the register.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I would not be concerned about that. As I said, the process by which the register is put together is where the delineation will occur. The importance and significance of the area would be included in the register.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 39: In page 27, between lines 25 and 26, to insert the following: " "traditional interest" includes of interest by virtue of folklore, folklife, myth or legend;".

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 40: In page 27, line 31, to delete "digging, ploughing" and substitute "ground disturbance (including digging, ploughing or excavation)".

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 41: In page 27, line 33, to delete "excavation,".

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (29 Jun 2023)

Malcolm Noonan: I move amendment No. 42: In page 27, line 35, after "damage" to insert "or defacement".

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