Results 2,661-2,680 of 4,810 for speaker:Malcolm Noonan

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

Malcolm Noonan: I will come back to the Senator on that point. However, I think it is the appropriate format. I can come back to her with a more comprehensive answer.

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

Malcolm Noonan: The use of the word "may" here is intentional and is considered necessary from a drafting point of view. Using the word "shall" could jeopardise the proposed system of prescribed monuments by way of an interpretation that all possible classes of relevant things must be prescribed. This could lead to legal challenges to the regulations made on the basis that the Minister had not gone far...

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

Malcolm Noonan: As I said, the use of the word "shall" could jeopardise the proposed system of prescribed monuments by way of an interpretation that all possible classes of relevant things must be prescribed. It could lead to legal challenges to the regulations made on the basis that the Minister may not have gone far enough in terms of the classes of monuments prescribed.

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

Malcolm Noonan: On buildings specifically, there is a mechanism within local authorities, using the record of protected structures, to protect buildings. It is a different basis for protection and the power lies as a reserved function of local authority members. Usually, those building protections come about as recommendations from the national inventory of architectural heritage. That is the mechanism....

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

Malcolm Noonan: They also have the power to add to the records.

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

Malcolm Noonan: A different sort of protection applies to wrecks. This Bill forms a separate basis for protection. For local authorities and the record of protected structures, there are different mechanisms to prescribe protection.

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

Malcolm Noonan: Buildings are worthy of protection. Buildings that are over 100 years old are routinely put onto the record of protected structures by local authorities.

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

Malcolm Noonan: Pardon?

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

Malcolm Noonan: The Senator is probably confusing the terms of this Bill and the powers of local authorities and elected members to place buildings on a record of protected structures. That is a reserved function of elected members. It is a completely different process.

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

Malcolm Noonan: I am. It is clearly defined in the Bill. We discussed the matter on Second Stage. We are satisfied.

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

Malcolm Noonan: I am uncertain as to the suitability of drawing an Oireachtas joint committee directly into the implementation of the enacted Bill. There may be a misinterpretation here regarding the deletion of particulars from the register of monuments. Examples of the particulars referred to in section 17 could include landowners' information, geographical areas, technical details or descriptions of...

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

Malcolm Noonan: I do not propose to extend the consultation requirements beyond what is being introduced in the aftermath of the pre-legislative scrutiny recommendations. Under the National Monuments Act, consultation has always been with a statutory advisory council and this should remain the position under the Bill. If the requirement to do so arises, and that is certainly not a given, I have every...

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.