Seanad debates

Wednesday, 22 March 2023

Historic and Archaeological Heritage Bill 2023: Report and Final Stages

 

12:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I imagine that tabular information would be welcome. There are concerns, which we will come to later, around the potential impacts of certain activities under the Bill and the impact in terms of what is designated or not. There is an almost protective element which I am concerned about regarding compliance with the Valletta Convention. I am also concerned, which we will come to later in the next set of amendments, about where the Bill may be consistent with but falls short of the Valletta Convention. That is in the area, for example, of recognising cultural heritage, which we will come to. That is a specific area highlighted by the Valletta Convention.

I understand the concern regarding "may" and "shall" but it is the second aspect, that it is placed along "shall not" exercise the power which is of concern. While that is not an amendment I have, I instead sort of strengthened the "shall" alongside that, and I urge the Minister of State as he goes to the Dáil to consider whether having the kind of language of "shall not", which is effectively prohibitive language, placed right underneath the language of "may", which is looser and gives space, creates more of an impetus for not prescribing than for prescribing. If the Minister of State does not accept my amendment on "may", I urge him to consider that "may not" might be more appropriate than "shall not" regarding the second section.

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