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, I will speak directly to my amendments. Amendment No. 15 seeks to amend the Government amendment to section 151 on the granting or refusal of a licence by stipulating the new subsection (7). We propose the wording ", in particular non-compliance which led to the destruction or significant alteration of an archaeological object, national monument or protected monument," would be grounds for refusal of a subsequent application for a licence. This is to ensure that individuals who endanger our archaeological heritage are not granted subsequent licences to undertake relevant works and that we require those seeking such licences to demonstrate due and proper regard for the protection of such heritage.

Amendment No. 16 returns to a similar point regarding ministerial discretion. It seeks to ensure that: "Where the Minister proposes to grant a licence and is of the opinion that the licensable activity which, if the licence were granted, would be authorised to be carried out by the licence may have significance to another state," he or she has a statutory obligation to "consult with an authority in that state, being an authority that has responsibilities as regards historic heritage in that state in order to obtain the authority's views (if any) on such activity." The current wording is not strong enough. If we are granting licences that impact on another country's archaeological heritage, there must be suitable engagement and such engagement must be an obligation. This is more than a diplomatic responsibility, but it is an imperative in order to fulfil our obligations under various international treaties on the protection of international heritage.

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