Seanad debates

Tuesday, 18 April 2023

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

 

12:30 pm

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

I welcome that the Minister of State has indicated he is willing to look at that. I knew the intent solely related to legal proceedings but as the question is wider than legal proceedings, the matter may need to be clarified. I suggest that, ideally, it would not be solely a verbal clarification by the Minister of State and that the text should make it clear. We do not want to have an inadvertent chilling effect where even those who read the legislation feel they are not allowed to comment or organisations feel they are inhibited from making comments.

Perhaps the Minister of State could clarify the other issues. When he refers to necessary modifications, is he indicating that it includes only necessary modifications to date and not future modifications? Would stating "all modifications to date" make the language clearer and make it clear that it is not anticipatory? Is the Minister of State referring to such modifications as have been agreed up to this point? The phrase "necessary modifications" is change in that regard. We pass and change laws all the time. Some of it is necessary and some of it is not, but the main thing is that they are modifications to the law. Will the Minister of State clarify that point?

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