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 Lynn RuaneLynn Ruane (Independent) | Oireachtas source

Yes. This amendment relates to the transparency around consultations which may happen under section 22(8). While it is welcome that the council is empowered to consult with public authorities regarding register actions, the phrase "or other persons" is quite broad and there should be a record kept where such consultations are undertaken, especially when they are not with public authorities. The amendment is minor but would strengthen transparency and accountability within the process.

On amendment No. 4, throughout this Bill's process and even during its pre-legislative scrutiny there was much discussion regarding the amount of ministerial power in this Bill, how it is not appropriate and may result in lower levels of protection for our historic and archaeological heritage under future Ministers. Dáil amendment No. 62 represents a further regressive step in this respect. Seanad amendment No. 4 inserts a caveat into section 24 that a local authority requires "the consent of the Minister" to affirm that a map of a monument is definitive as to its extent. What is the rationale for this amendment?

Amendment No. 11 seeks to insert a new subsection 6 into section 89, which would provide that as well as the Minister being able to request the creation of a public right of way:

An elected member of a local authority may, by giving notice in writing, request a local authority, of which they are a member, to consider creating a public right of way, under section 206 or 207 of the Act of 2000, to a registered monument situated in the authority's functional area.

Public rights of way are vitally important when it comes to our historic and archaeological heritage. By empowering local councillors to request that they are created, we are ensuring that public representatives closest to the communities have a role to play. It is a minor change but one that would be hugely beneficial in public access to heritage and more participation in placemaking when it comes to our natural landscapes and how we engage in them.

Amendment No. 12 is a technical amendment to allow for the insertion of amendment No. 11.

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