Results 2,581-2,600 of 4,718 for speaker:Malcolm Noonan

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: Under section 167, guidelines can be issued to local authorities in respect of their dealings with historic heritage in the course of the performance of their functions. Many local authorities already list monuments on the maps attached to their development plans, as Senator Boyhan has shown. I can offer a commitment today that guidelines issued to local authorities will include a...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: Under section 211, provisions have been introduced which enable the Minister to set out the manner in which functions under the Bill are to be performed and to provide practical guidance on how to comply with any provision of the enacted Bill. These codes of practice will be established following consultation and after consideration of representations received as part of that consultation....

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: Sections 41 and 42 are important provisions relating to judicial review and efforts have been made to align the relevant provisions of the Bill to those already in law. Subsection (2) provides that the validity of an act done in performance of a function under Chapter 6 or the validity of a licence granted in relation to a matter in Chapter 6 for which an environmental impact assessment or...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: This amendment was suggested in observations received from the Minister for Transport, who advised that a harbour authority no longer exists as a statutory entity and the Harbour Acts of 1946 to 2005 were repealed in respect of each of the State commercial port companies upon their establishment as a company.

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: Chapter 11 of Part 2 of the Bill provides for several transitional provisions relating to the transfer of a wide range of monuments from ownership arrangements under the existing enactments to those established under the Bill. On review, it has been noted that section 62 is not a transitional provision and in order to ensure that its applicability is not somehow limited, it is proposed to...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: The amendments are introduced to avoid problems relating to monument ownership, and so that the term “ownership” as used in Chapter 15 of Part 2 of the Bill is construed to include any right, title, or interest acquired pursuant to subsection (3) of section 51. This will provide the Minister and local authorities with flexibility about the arrangements they can enter into in...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: It has been put into the Bill in case a situation arises where a Minister and local authority are both considered owners of a monument.There might be circumstances where a monument owned by the Minister is leased to a local authority. That is where the issue of ownership could arise. It is unlikely, but it is important to have a provision in the Bill for that eventuality. The ownership...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: I would agree in the sense that it is important to have better clarity around that. Generally, local agreements on maintenance and upkeep of day-to-day management issues can be resolved at a local level. I note and take on board the points the Senator made on that issue.

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: The Bill provides for consultation with members of the public regarding the nomination of world heritage property in the State. Current best practice, as set out in the strategic objectives of the World Heritage Committee and the 2021 operational guidelines for the implementation of the World Heritage Convention, calls for the participation of a wide variety of stakeholders in the management...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: Absolutely. We would be more than happy to provide a briefing document to Members on the tentative list. Absolutely.

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: Under section 104 of the Bill, the board of the National Museum may designate a site where an archaeological object may be placed for safekeeping. While the period that an object could be stored was originally set at 12 months, it has been determined that there are practical reasons why certain objects may need to remain in storage for a longer period. For example, waterlogged wood from the...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: Pre-existing internal safeguards within the museum control the approval of reward amounts to finders of archaeological objects. Rewards are proposed by a relevant curator and the archaeologist dealing with the acquisition of the object. The awards are then subject to approval by the keeper of Irish antiquities. For rewards valued above €10,000, the keeper must in turn seek approval...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: This amendment updates the list of objects the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media must have regard to when prescribing classes of objects for the purposes of the 1970 UNESCO convention. This is to ensure that the most recent European legislation relating to the cultural goods is taken into consideration.

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: The amendment to subsection (1)(d) is proposed in order to clarify that conducting underwater searches for a relevant thing of archaeological interest that is not a prescribed monument is a licensable activity. This is to avoid a situation where a person might argue that unauthorised underwater searches for relevant things of archaeological interest that are not prescribed monuments are...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (1 Mar 2023)

Malcolm Noonan: These technical amendments provide that contraventions of all offences relating to archaeological objects under Part 4 can be subject to enforcement notices issued by the National Museum of Ireland. They also correct a drafting issue in section 159 whereby a reference to “subsection 3” is updated to read “this subsection”.

Seanad: Gnó an tSeanaid - Business of Seanad (1 Mar 2023)

Malcolm Noonan: I join the Leas-Chathaoirleach in welcoming our visitors, as one of the male, pale and stale men in the Chamber.

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (1 Mar 2023)

Malcolm Noonan: While I acknowledge the need to review and monitor the functioning of new legislation, measures are already in place that provide for what is set out by the Senator in the proposed amendment. My understanding is that the post-enactment scrutiny process requires a report on the functioning of recently enacted Bills to be laid in the parliamentary library for 12 months after their enactment....

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (1 Mar 2023)

Malcolm Noonan: I thank the Senator and I absolutely recognise the aspirations behind this amendment. I referenced the climate change sectoral adaptation plan which is a really excellent plan. I will put a copy of it in the Senator's pigeon hole in the next day or two because it is well worth having a look at. It deals with exactly the issues the Senator has raised here in terms of embodied carbon and the...

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (1 Mar 2023)

Malcolm Noonan: This proposed addition to the list of steps that may be specified in an enforcement notice will permit the relevant authority to direct a person to return an archaeological or historic object to a specific place. This will help to contribute to the implementation of the 1970 UNESCO convention preventing the illicit import, export or transfer of ownership of cultural property.

Seanad: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (1 Mar 2023)

Malcolm Noonan: This amendment was suggested in observations received by the Minister for Finance, who has advised that the relevant arrest, search and seizure powers under the Bill extended beyond what will be required by the Revenue Commissioners to carry out the import and export control functions as envisaged. The Revenue Commissioners advised that their existing powers are sufficiently legislated for...