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Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Because it is usually read-----

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: It is usually read out and we usually receive an email.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Yes, please.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: I know that. It is just that it is usually communicated by email.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Yes. This amendment relates to the transparency around consultations which may happen under section 22(8). While it is welcome that the council is empowered to consult with public authorities regarding register actions, the phrase "or other persons" is quite broad and there should be a record kept where such consultations are undertaken, especially when they are not with public authorities....

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Actually, it was submitted in error, so I will withdraw it.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Yes, I will speak directly to my amendments. Amendment No. 15 seeks to amend the Government amendment to section 151 on the granting or refusal of a licence by stipulating the new subsection (7). We propose the wording ", in particular non-compliance which led to the destruction or significant alteration of an archaeological object, national monument or protected monument," would be grounds...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Yes. Amendment No. 17 seeks to amend the proposed new section 167 on guidelines for local authorities. I welcome this new section following the engagement the Minister of State had on previous Stages with Senator Higgins. One issue is that in subsection (1) there seems to be a blanket provision that in drawing up guidelines on historic heritage for local authorities, the Minister can...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Amendment No. 19 refers to the new Dáil amendment No. 173 concerning a review of the operation of the Act, which is an extremely welcome amendment. My amendment would insert a new subsection requiring that not less than six months following the laying of the report before each House of the Oireachtas, the Minister shall make himself or herself available to the relevant joint Oireachtas...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: The Minister of State will recall that when Deputy Cian O'Callaghan pointed out at the select committee before the summer recess that there were issues and concerns with the original formulation of the Bill and how it referenced the Environmental (Miscellaneous Provisions) Act 2011, the Minister of State brought forward amendments in a welcome effort to respond to that, which acknowledged...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Amendment No. 23 proposes to delete clause 1 of paragraph d(i) as inserted by Government amendment No. 181. The rationale for the removal of this provision is that it removes the application of Chapter 2 of the Planning and Development Act 2000 to a lease made on or after 1 October 2017, under section 2 of the 1993 Act authorising the lessee to, for the purposes of the development of one or...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Amendment No. 26 seeks to delete the new section 247 of the Bill, which inserts a new section 182AA in the Planning and Development Act 2000. It would provide that section 182A, which governs applications for consent relating to electricity transmission lines, would not apply to developments comprising electricity transmissions, or for the purposes of electricity transmissions, where such...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: I will leave it there.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Amendments Nos. 35 and 36 relate to the proposed amendment to section 19A of the Local Government Act 2001. I have a query on this. It states that where a local authority member has a temporary absence, he or she shall not perform any functions as a member unless and until he or she returns to office. What is the rationale for this amendment? I am thinking of situations where members may...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Yes. It was only amendments Nos. 35 and 36. Is that correct?

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: I might-----

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Is the person who proposes the Report Stage amendment not allowed to come back in?

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: I have one clarification question. The Minister of State is saying that this only applies if somebody has named a replacement and the two of them start doing official functions-----

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: -----rather than about an temporarily absent individual who has nobody fulfilling their functions.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: Amendment No. 37 seeks to amend Government amendment No. 209, which amends section 75 of the Maritime Area Planning Act 2021 and really worryingly inserts a new subsection (4) which reaffirms that the need to obtain maritime area consent for a development under subsection (1) is not needed for maritime uses listed under Schedule 3 of that Act. One of those usages is "maritime usage for the...

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