Seanad debates

Wednesday, 11 October 2023

Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages

 

10:30 am

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

On the proposed amendment to the Bill, as it stands, following Dáil amendment No. 15, including "historical" in the term "historic" is to remove any doubt that when the term "historic" is used, it relates to matters belonging to the past and not only to something that may have changed history or is considered famous in historical context. The addition of "traditional", as proposed, would be a cause for confusion as it is not related to the reason behind the definition. In addition, the term "cultural interest", as introduced following the previous Report Stage in the Seanad, already provides for traditional interest as it is defined as including artistic, literary, linguistic or traditional interest. For these reasons I would ask the Senators to consider withdrawing this amendment.

Dáil amendment No. 63 is linked with the definition of "demolition" in section 25 of the Bill. An environmental impact assessment, EIA, must be carried out where proposed works, if carried out, result in the demolition of a monument. The purpose of Dáil amendment No. 63 is appropriate and required. It makes it explicitly clear that the exclusion of certain things, the definition of "demolition" or "archaeological excavation", for example, only related to the requirement for an EIA under section 34. It does not apply to the general licensing or notice requirements under chapter 6 of part 2 of the Bill. If the approach proposed by the Senators was adopted it could leave the possibility that some readers of the Bill would be left with the earnest impression that certain forms of demolition are not subject to a licensing or notice requirement. Dáil amendment No. 63 was introduced to avoid that and for this reason I unfortunately cannot accept Seanad amendment No. 5. I do not know if the Senator has spoken to that one yet.

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