Results 1,921-1,940 of 4,726 for speaker:Malcolm Noonan

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

Malcolm Noonan: The first set of these amendments relate to prescribed monuments and consist of some minor amendments relating to ordnance maps, reports of finds of prescribed monuments, and one major change that was introduced following discussion in this House. Dáil amendment No. 35 broadens the basis of prescribed monuments by moving from a position where the classes of prescribed monuments, as set...

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

Malcolm Noonan: I will provide the background.

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

Malcolm Noonan: Yes. I refer to the rejection of Seanad amendment No. 2, to the Bill, as it stands following Dáil amendment No. 56. While I appreciate the intention behind this amendment and fully recognise the need to ensure that notices regarding register actions are disseminated as widely as possible, it would not be prudent to do so as proposed. Volatility in the media sector and the changes...

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

Malcolm Noonan: Amendments in this group are primarily concerned with the important matter of works that are proposed to be carried out at monuments. New provisions include consultation with authorities in other states that have responsibilities for historic heritage and measures regarding access for members of the public to a monument.

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

Malcolm Noonan: Following advice from senior advisory counsel in the Office of the Attorney General, a range of amendments have been introduced to clarify the alignment of the Bill with the Aarhus Convention and the EIA directive. Substantial amendments have been made to section 41 and I believe it is important to provide some detail on these amendments. Order 84 of the Rules of the Superior Courts...

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

Malcolm Noonan: These amendments have been made to strengthen the Transboundary Convention and bring additional states into scope that are not EU member states, such as the United Kingdom. The Convention on Environmental Impact Assessment in a Transboundary Context, which is informally known as the Transboundary Convention or Espoo Convention, sets out the obligations of states parties to assess the...

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

Malcolm Noonan: The first part of these amendments relate mainly to the transfer by a public or local authority of a registered monument. In summary, they require a local authority to publish a notice in a national newspaper when it intends to transfer ownership of a registered monument. The newspaper notice must invite representations from members of the public and such representations are to be taken...

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

Malcolm Noonan: These amendments relate to archaeological objects. The primary amendment to section 99 provides that where the board of the National Museum intends to dispose of an archaeological object found during an activity licensable under the Bill, the board must first consult with the Minister before making its decision. Introducing such a consultation requirement is consistent with the Minister...

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

Malcolm Noonan: Under section 135, special protection is deemed to apply to wrecks 100 years old or more. Dáil amendment No. 127 also applies special protection to registered and prescribed monuments situated on, in or under land covered by water. This will ensure that section 135 better relates to section 136 in the context of the activities that are prohibited at registered and prescribed monuments...

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

Malcolm Noonan: Dáil amendment No. 130 inserts “immediate surroundings” into section 148(1)(e). The effect is that the unauthorised possession of detection device in, at, on, over, above, or within the immediate surroundings of a registered monument of a wreck one hundred or more years old, will be an offence. This will assist enforcement and strengthen the application of subsection...

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

Malcolm Noonan: This group of amendments covers several matters relating to licences issued under section 151 of the Bill. Examples of these amendments include: technical amendments relating to the granting of, or a refusal to grant, individual licensable activities as part of a licence application; amendments relating to conditions that may be attached to a licence; provision that further licensable...

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

Malcolm Noonan: I believe that the proposed amendment to the Bill as it stands following Dáil amendment No. 143 would likely be counterproductive. This is because the text proposed to be inserted could be construed as limiting the circumstances in which non-compliance with a previous licence could warrant refusal of a further licence. It might be argued that it was necessary to demonstrate destruction...

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

Malcolm Noonan: Section 152 is a major addition to the legal mechanisms for ensuring that works and activities regulated under the legislation are carried out to the appropriate standard. It enables a licensing authority to require an applicant to have his or her competence assessed through procedures set out in regulations. This is especially relevant to ensuring that specialist activities such as...

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

Malcolm Noonan: Dáil amendment No. 154 was introduced following an initial amendment brought about as a result of concerns raised in the Seanad as to whether there was sufficient provision in the Bill to ensure that statutory local authority development plans under the Planning and Development Act 2000 would take sufficient account of the register of monuments. Following a review of section 167, I...

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

Malcolm Noonan: The power conferred by section 167 on the Minister of the day to issue statutory guidelines to local authorities, which they will be bound to have regard to in the exercise of their functions under any legislation, is far-reaching. It may have significant implications for a wide range of stakeholders, not just experts in the various aspects of heritage. Local communities, members of the...

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

Malcolm Noonan: Dáil amendments Nos. 155 and 156 delete the term “relevant thing” from section 173 and replace it with the term “relevant item” instead. This amendment was made to avoid potential confusion with the key definition “relevant thing” used elsewhere throughout the Bill and assigned a different meaning.

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

Malcolm Noonan: This group contains an important amendment that I would like to comment upon. Dáil amendment No. 160 revises section 175(18) to significantly strengthen and widen the principle set out in the provision as it currently stands. It makes it clear that in a prosecution for an offence arising from a breach of the sections relating to general and special protection - sections 27 and 30,...

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

Malcolm Noonan: Dáil amendment No. 164 provides for the erection and removal of signs at monuments. These signs may be to inform members of the public of their responsibilities at monuments or to provide explanatory and interpretive information for a given monument. An important part of this provision makes it clear that if a person is charged with an offence under the enacted Bill, it will not be a...

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

Malcolm Noonan: For the purposes of the protection and proper management of historic heritage, Dáil amendments Nos. 170 and 171 include Tailte Éireann and any authority in another state that has responsibilities as regards historic heritage to the list of bodies under section 215. Section 221 lists the ways by which a notice may be given to a person, for example, by delivering it in person or by...

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

Malcolm Noonan: Dáil amendment No. 173 is primarily a result of discussions that took place earlier in the year in the Seanad. It will require a report to issue within three years of the Bill’s enactment on the operation and implementation of the Bill with regular reports issuing every five years thereafter. Copies of the report will be laid before the Houses and published on my...