Seanad debates

Tuesday, 28 March 2023

Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed)

 

12:30 pm

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

Before I speak on the amendments, I wish to make a number of general comments to follow up on the contributions of Senators Higgins and Boyhan. I welcome the proposals to try to strengthen the consultation requirements. I am certain that the approach we are taking is the correct one.

I see valuable roles for the PPNs in many areas of local consultation.The PPN network has, generally, gelled itself to be a very effective local participation tool for communities.

The same is true of An Taisce. Senator Boyhan mentioned the case in Kilkenny, and there are probably sections of road there that, under the Bill, would have been prescribed monuments but, unfortunately, the road went through. I welcome the proposals that have been put forward, although, as I said, I think the approach we are taking is correct. The Senator attended the launch of the strategic plan for the Heritage Council. There is no doubt it is in a much better space than three years ago. Its role and function are now much more embedded in the system than previously. It is not just for built and archaeological heritage but also for nature. The council has a vital role to play and this strengthens its position.

I do not propose to extend the consultation requirements beyond what has been introduced following the pre-legislative scrutiny recommendations. Under the National Monuments Acts, consultation has always been with the statutory advisory council and I believe this is appropriate and should remain the position in the Bill. My understanding of the public participation networks is they have been developed to engage with local authorities and certain decision-making processes that relate to matters within local authority remits. They are called on from time to time to comment on national policies or plans that relate to local authorities as well. To the best of my knowledge, the PPNs do not engage with any Department in the manner suggested and I would not see it as appropriate for them to do so for the purposes outlined in the proposed amendment. I restate that if a requirement for consultation arises due to a proposal to delete a registered monument from the register of monuments - it should be noted this situation may never arise - I have every confidence in the Heritage Council and its ability to carry out this role effectively. As I stated on Committee Stage, if the Senator considers it necessary, I can commit to reviewing the operation of this provision, perhaps after a period of three or five years, and report on its operation and effectiveness.

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