Alice-Mary Higgins (Independent) | Oireachtas source

I am seeking to insert a new paragraph in section 40(2) to provide that, where the Minister is making a determination on whether to grant an exemption from the requirements of sections 32 to 39, the Minister would, as well as seeking the views of the local authority concerned, engage or invite the public participation network, PPN, within the local authority in whose area the person proposes to carry out the relevant works to give its observations. This relates to the question of public participation and community empowerment as regards heritage. We have had some discussion on this matter. A question was raised about whether the PPN was the appropriate mechanism. We also discussed the extent to which the Heritage Council might consult other bodies. The Minister of State indicated his openness to the Heritage Council being more empowered or encouraged to consult relevant bodies, including local authorities.

While the PPN may not be the right mechanism, I am concerned that the Bill only refers to the local authority. In my engagement with the Minister of State's officials, we tried to tease out what is meant by the term "local authority". Is consultation with the local authority simply consultation with its chief executive, who is an employee of the Government to some extent? Most people and I would expect the term "local authority" to include the council, whose elected members are ultimately the local authority.

While the Minister of State may not be able to accept this amendment on the PPN, I urge clarity. The consultation with the local authority should not simply be a technical consultation with the chief executive, particularly given that the relevant works and the effect they have on local monuments and so forth affect the county development plans. Ultimate responsibility for local development plans and the collective vision of what a community is and what a local area values in terms of what should be protected and encouraged sits with the council members. Where there are activities that potentially have implications for local development plans, it is not adequate just to engage with the chief executive. It is important that local councillors, as elected representatives, be able to contribute.

Given our previous engagement on a similar amendment, the Minister of State might not be able to accept this one, but I would appreciate it if he teased out what is meant by "local authority" to ensure that we do not end up with a minimalist interpretation.