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

Before I respond, I will address the issue of the Heritage Council's role in consultation. Perhaps the Senator will give consideration to an option, by way of regulation, to enable the Heritage Council to consult with others. The Senator proposed this and it is a good suggestion that could be done by way of regulation in terms of how the Heritage Council gives consideration around the record.

Specifically on amendment No. 14, the notification of works procedure, as set out under section 27, provides a substantial strengthening of the law that is currently in force under the National Monuments Acts. As with all aspects of the Bill, the protection of historic heritage is paramount. If a person wishes to carry out works and a notification for those proposed works is received by the Minster, he or she will be able to apply special protection to the monument, which will mean that a licence will be required to carry out those works legally. If the assignment of special protection is not considered necessary, the Minister will be able to impose conditions on the works to be carried out. For clarity, the notification of works option cannot be availed of where an appropriate assessment, a screening determination for environmental impact assessment or an environmental impact assessment is required where a special protection applies to a monument or where the proposed works require a licence under Part 6.

The Senator’s proposed amendment removes the notification option in its entirety. This would fundamentally alter the operation of the Bill, render the different levels of legal protection irrelevant and go significantly beyond what has always been a core element of this Bill. For these reasons, I am not in a position to accept this amendment.