Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

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 enough in terms of the classes to be prescribed. The concept of prescribed monuments is a fundamental element of the Bill and provides a major strengthening of the legal protection afforded to archaeological sites whereby such sites are protected without the need for formal designation or registration. It would not be possible to commence Part 2 without introducing prescribed monuments regulations. The Senator can rest assured that officials in my Department have already commenced work on the preparation of draft regulations for submission to the Office of the Parliamentary Counsel.