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

The first part of these amendments relate mainly to the transfer by a public or local authority of a registered monument. In summary, they require a local authority to publish a notice in a national newspaper when it intends to transfer ownership of a registered monument. The newspaper notice must invite representations from members of the public and such representations are to be taken into account in the decision-making process. These notices may also be published in local or regional newspapers, in either hard copy or electronic formats.

In addition, the removal of the words “under this section” from section 51(6) makes clear that this provision, which enables the acquisition of, for example, rights of way to a national monument, applies to national monuments acquired by the Minister or a local authority under the legislation to be repealed under the Bill, such as the National Monuments Acts, as well as those acquired under the newly enacted acquisition provisions.

The next set of amendments mainly relate to section 75 and a set of new provisions introduced on Report Stage in the Dáil that allow the Minister or a local authority, depending on which is guardian of the monument, to devolve maintenance back to the owner or agree with some other person or body that they should maintain the monument, subject to appropriate safeguards. Such provision is in fact contained within the existing legislation and it was decided that express provision for such agreements with owners and other persons should be carried forward into this Bill.

Section 80 is also amended to provide that the functions of the Commissioners of Public Works in day-to-day operation of a national monument of which the Minister is guardian will stand modified appropriately where he or she has entered into an agreement with the private owner or other person or body for them to carry out maintenance. The default position under section 80 will be that, where the Minister of the day is owner or guardian of a national monument, the OPW will be responsible for its day-to-day operation.

I believe that these amendments strengthen the potential for the wide use of guardianship by offering greater scope for partnership between the national monuments service of my Department or local authorities, as the case may be, with private owners or other persons or bodies, be they local or community-based bodies or national bodies with a heritage focus, interested in taking on the conservation of important monuments.

Finally, amendment No. 114 follows discussions on Committee Stage in the Dáil. The amendment requires all by-laws made under section 81 to be laid before each House of the Oireachtas.