Seanad debates
Tuesday, 18 April 2023
Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage
12:30 pm
Alice-Mary Higgins (Independent) | Oireachtas source
I thank the Minister of State for accepting and acknowledging that point regarding archaeological interest. It will be more in tune with later sections of the Bill, which recognise that broader scope – not just archaeological but historic, cultural and community that is spoken of later. Having that wider frame of "things" will be important. It will considerably strengthen the Bill and its legacy, impact and usability.
I turn to the amendments. On amendment No. 22, as the Minister of State made it clear that he is looking to how it will be published and so forth, that is fine, in that regard.
On amendment No. 23, it is just a slight difference. While the Bill states to have due regard, I am looking to “demonstrate due regard”. That is something that has not always been done. I will not overly press the amendment at this point but having due regard and demonstrating due regard are slightly different. On thing that is important in restoring public confidence in how EIAs are being used and applied and the effectiveness of Ireland’s application of them is that we have a record demonstrating that. It is quite a simple thing to include that in its record, rather than simply saying “We did the EIA and now here is our decision”. Instead, a cause and effect link would be shown.
I accept the points on the language of the directives in terms of amendments Nos. 24, 25 and 26. It is useful to have had the points underscored that the understanding is that the EIA directive, in its fullest sense, should be applied and reflected by the applicant, regardless of what advice they may get from the Minister. The Minister has indicated that. It may be one to monitor to ensure that if there are cases that emerge where the scenario I have outlined occurs, then perhaps it will be something that needs to be come back to. I hope that is not the case and that even stating it today makes it clear that applicants should not be coming with that as an excuse or reason.
I am happy to withdraw amendment No. 22.
No comments