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Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: I move amendment No. 277: In page 153, line 14, to delete “€10,000” and substitute “€5,000,000”.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: We support the Minister of State but we ask that he ensure the signage is in both Irish and English and that he would consider that on Report Stage.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: I am sorry to interrupt the Minister of State. I want to check -----

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: Thank you.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: Apologies but in layman's terms, the Minister of State has outlined that this applies if there is a material change or if the information is two years out of date, but what will these changes actually mean? What are the key differences between the MARA processes on these applications and those of the foreshore unit?

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: How do the timeframes differ?

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: What about public participation and judicial reviews? It shortens the window for judicial reviews from three months to eight weeks -----

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: There is no change.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: Okay. We are concerned about the risk of exemptions under the 2021 Act being used in conjunction with the provision which will result in less regulatory oversight on activities which previously would have had much more extensive assessment under the foreshore regime. Can the Minister of State address these concerns and give an assurance that safeguards are in place on this?

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: With respect to the public being notified of an offshore application transfer to MARA, so people know who is handling it and the timeframes involved for public participation and decision making, on what basis would the Minister request the transfer? This is about the notification of applications moving from MARA from the foreshore application.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: On what basis would the Minister request MARA to do the transfer? Who will be consulted in this?

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: That would be included.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: Okay. Where are decisions made by the Minister or MARA to transfer an offshore application to be published? Where would people see that?

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: I should have said at the start that this is not the way to bring forward these amendments. They are being tagged on at the end of a very comprehensive piece of legislation that we have just gone through and on which hours have been spent. We are looking at proper pre-legislative scrutiny. We believe that bringing amendments forward like this is bad legislating. There may be things here we...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: To clarify, there was a briefing but these amendments have not gone through the proper pre-legislative scrutiny. They should have been included in the original Bill or, if not, there should be stand-alone legislation. We are tacking it on at the end. I appreciate what the Chair said in that there was a line-by-line brief. No disrespect, but this was really complex stuff. Am I not wrong there?

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: If they were included in the original legislation-----

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: -----they would have gone through pre-legislative scrutiny.

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: We know we need to act. We know the climate crisis is an emergency that has to be tackled. We want to support the Government. I spoke to the Chairman yesterday - you were there yourself. We want to have action. We know offshore is a vital cog in that but we also have the maritime area protection. I am nervous about rushing stuff like this. We want to support the Government when it...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: I think that is what everyone wants to see. Everyone wants to see the maritime areas protected but at the same time be able to deliver offshore wind and protect our fishers. I think we all want to make sure we can all work together to come up with the best way forward that it is hoped will protect everyone and ensure delivery. I have another question. It is in respect of what is meant...

Select Committee on Housing, Planning and Local Government: Historic and Archaeological Heritage Bill 2023: Committee Stage (Resumed) (6 Jul 2023)

Thomas Gould: Section 6, is it? There is a legal issue there in relation to a case-----

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