Seanad debates
Tuesday, 18 April 2023
Historic and Archaeological Heritage Bill 2023: Report Stage (Resumed) and Final Stage
12:30 pm
Seán Kyne (Fine Gael) | Oireachtas source
Since the mid-1990s, there has been more of a focus in farming on the protection of archeological heritage through the rural environmental protection scheme and its successors. They are now part of the code of practice and recognised as a staple part of a landowner's responsibilities. I have highlighted cases where land is sold, somebody comes into a new plot of land and does not know the history of it, and this being a danger point in some cases for certain archeological features. Perhaps there could be a liaison with auctioneers or the registry that, once land is transferred and there are archeological features on that land, there would be a notification to the landowners. The vast majority of people in this day and age would not intentionally do something, but things can happen where people are not aware of the presence of something in or the significance of an area. Somebody could buy land which has the remnant of a feature and that person would not know the significance of it. There could be some way of notifying as part of the process of sale or registration in that case.I again acknowledge the value of reviewing and monitoring the operation of new legislation. With respect to the proposed amendment No. 36, however, I believe other mechanisms have already been established that provide for the reporting requirements outlined by the Senator in this amendment. First, it is worth mentioning that the post-enactment scrutiny process will require a report on the functioning of the Bill to be laid in the parliamentary library 12 months after the Bill's enactment. Importantly, this report will outline whether legislation has achieved its original policy objectives. In order to induce a reporting requirement on the operation of the enacted Bill, I will instruct my officials to engage with the OPC with a view to drafting a new provision that requires a report on the implementation and operation of the Bill to be laid before each House of the Oireachtas not more than three years after enactment, with comparable reports to issue every five years thereafter.
As regards the national development plan, NDP, the Project Ireland 2040 delivery board is responsible for guiding and overseeing the delivery of the NDP. It was recently announced, as part of a set of measures introduced to enhance the delivery of the NDP, that the board is to be reconstituted and will now be chaired by the Minister for Public Expenditure, National Development Plan Delivery and Reform, who will take a direct role in overseeing the delivery of the NDP. Direct reporting to Government on the delivery of the NDP is now in place on a quarterly basis.
Finally, with regard to reporting on climate change, under the built and archaeological heritage climate change sectoral adaptation plan, written reports are to be presented to the national adaptation steering committee for monitoring the progress of the national adaptation framework. We are one of the first countries in Europe to bring in this sectoral adaptation plan. It is a really excellent plan with which I know Senator Higgins is familiar.
If there are other specific matters not covered in the reports I have mentioned, I would be happy to engage further with the Senator. I take on board the points she made regarding our heritage and its role in climate mitigation adaptation. That is critically important. I am familiar with the work of ICOMOS in that regard. Certainly, many of the archaeological sites of importance across the country are important sites for nature as well. This legislation is important in that regard. The Minister, Deputy Darragh O'Brien, is due to appear before the Joint Committee on Environment and Climate Action on Thursday. It is important that he is absolutely familiar with the importance of these as well.
Senator Kyne raised some very good points in terms of notifying, which I will take on board. I am not sure, but there might be something in the legislation in that regard. It is an important point, however, and it has been noted.
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