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

Again, I recall that debate with Deputy O'Callaghan. I reiterate that the amendments made to the Bill relating to JR and cost protection follow advice from the senior advisory counsel of the Office of the Attorney General. I will make the following points on the proposed amendments to the Bill, as it currently stands, following Dáil amendment No. 173. Section 151 is the only provision that provides for the granting of a licence to carry out works to a monument or other licensable activities. For this reason I cannot accept an amendment stating that a licensable activity is authorised under another section or Part of the Bill. The reference in section 77 to a licence is not to a licence to carry out a licensable activity within the meaning of the Bill; rather it is to grant a licence under common law by the Minister or local authority as owner to occupy land forming part of a national monument, as might be granted in the case. For example, this would apply to a concert or other event taking place at such a monument. I have addressed this distinction previously and the legislation is completely clear on this as it stands. The other amendments proposed go far beyond the purpose of Dáil amendment No. 173 by altering the function and operation of the Environmental (Miscellaneous Provisions) Act 2011. There is an Aarhus Convention Bill being prepared to provide for what some of the proposed amendments are seeking to achieve. Unfortunately, this Bill is not the appropriate vehicle. For these reasons I am not in a position to accept this amendment.