Alice-Mary Higgins (Independent) | Oireachtas source

Amendment No. 30 seeks to amend section 77 of the Bill by inserting a new subsection (3) which would specify matters about the licences described in subsections (1) and (2). This is about the issuing of licences on lands which contain a national monument. It states that such licences may not be granted "where the granting of such a licence is likely to lead to the destruction or damage to the physical integrity of a national monument."

Amendment No. 31 is an alternative to amendment No. 30. It specifies the same point, that a licence may not be granted where it is "likely to lead to the destruction or damage to the physical, historic or cultural integrity of a national monument." At a minimum, I do not believe that licences should be issued in these cases. These may be licences for entirely unrelated activities. They may be for a fair to take place, for commercial activity in a particular setting or for extractive or financial activities. A wide spectrum of licences may be issued for land where there is a national monument. My minimalist approach is amendment No. 30, which ensures that we do not have a situation whereby a licence is granted which is likely to lead to destruction or damage of the physical integrity of a national monument.

Amendment No. 31 is a little wider because it talks to the historic or cultural issues too. We have discussed this at length and I will not go through it again, but if there is a holy well, for example, which is used on May Day, or a site which is a regular point of pilgrimage, such as a few around the country, there should not be a licence for an activity that effectively precludes that cultural activity. For example, such an activity might prevent a pilgrimage from taking place.On historical integrity, it is about not having a licence that diminishes the historic value of a site. For example, we have sites that are quite solemn and sites of great historic loss and tragedy. It is about ensuring there is not a licence that damages or destroys that historical context.

As I said, amendment No. 31 is a little wider but amendment No. 30, at an absolute minimum, seeks to ensure we are not breaking things. I hope the Minister of State might accept these amendments as criteria attached to decisions around the granting of licences for various activities.