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

The power conferred by section 167 on the Minister of the day to issue statutory guidelines to local authorities, which they will be bound to have regard to in the exercise of their functions under any legislation, is far-reaching. It may have significant implications for a wide range of stakeholders, not just experts in the various aspects of heritage. Local communities, members of the farming community and other occupiers of land, NGOs, other Departments and public authorities and a range of other individuals and sectors might have significant interest in any such proposed guidance but not come within the limiting criteria proposed to be inserted by this amendment.

It would not be good practice, or conducive to building public support for heritage protection, to introduce such exclusionary criteria as proposed by the amendment to amendment No. 154. The Minister of the day will, of course, decide the content of the guidance and persons or bodies consulted will not have a veto but those with a legitimate interest or concern should have an opportunity to give their view. I, therefore, cannot accept what is being proposed.

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