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

This group contains an important amendment that I would like to comment upon. Dáil amendment No. 160 revises section 175(18) to significantly strengthen and widen the principle set out in the provision as it currently stands. It makes it clear that in a prosecution for an offence arising from a breach of the sections relating to general and special protection - sections 27 and 30, respectively - it is not necessary for it to be proven that the accused knew that the relevant thing of relevant interest that is the subject of the prosecution was subject to legal protection as a prescribed or registered monument. This principle is now extended to all prosecutions relating to relevant things of relevant interest under the enacted Bill and, moreover, an analogous principle will be provided in respect of prosecutions relating to archaeological objects under the enacted Bill. The new section 175(19) stands in its own subsection, rather than in section 175(18)(b).

The second part of this group of amendments provides for three matters relating to enforcement notices to be issued under section 195. Dáil amendments Nos. 165 and 166 are technical amendments to make it clear that enforcement notices issued under section 194 may relate to licensable activities. Dáil amendment No. 167 puts it beyond doubt that enforcement notices issued under the Bill can relate to all or any elements of historic heritage protected under it and are also available to ensure that the various licensable activities regulated under the Bill can be the subject of enforcement notices regardless of whether a particular known element of historic heritage is involved. Dáil amendment No. 168 clarifies that an enforcement notice can require the cessation of a licensable activity until such time that the activity is carried out under and in accordance with a licence.