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Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Gerry Horkan: Do Members want to contribute at this point? If not I will move on. Seanad amendments Nos. 1 and 5 are in this group.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 28 follows a commitment I made during the previous Report Stage in the Seanad. Section 3 outlines the principles that a person performing a function under the Bill must acknowledge and consider. This amendment acknowledges the significance of, and will further an adherence to, the Valletta Convention or any treaty aimed at promoting or securing the protection of...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Gerry Horkan: We will check that. We are not in a position to deal with amendment No. 2 at this point so we will revisit it and get a ruling on it. The next group is group 4, which are technical amendments and the subject matter of amendments Nos. 29 to 32, inclusive, 99, 109 to 113, inclusive, 120, 125, 126, 132, 162, 169, 174 and 215 to 221, inclusive, from the Dáil. There are no Seanad...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: The first set of these amendments relate to prescribed monuments and consist of some minor amendments relating to ordnance maps, reports of finds of prescribed monuments, and one major change that was introduced following discussion in this House. Dáil amendment No. 35 broadens the basis of prescribed monuments by moving from a position where the classes of prescribed monuments, as set...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Gerry Horkan: When we are dealing with the amendments one by one I will be reading them out at that point but we are not in decision-making mode at this point.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Yes. I refer to the rejection of Seanad amendment No. 2, to the Bill, as it stands following Dáil amendment No. 56. While I appreciate the intention behind this amendment and fully recognise the need to ensure that notices regarding register actions are disseminated as widely as possible, it would not be prudent to do so as proposed. Volatility in the media sector and the changes...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Gerry Horkan: I thank the Minister of State. We are moving on to group 6, which relates to works at monuments. It is subject matter of Dáil amendments Nos. 66 to 73, inclusive, and there are no Seanad amendments attached.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Amendments in this group are primarily concerned with the important matter of works that are proposed to be carried out at monuments. New provisions include consultation with authorities in other states that have responsibilities for historic heritage and measures regarding access for members of the public to a monument.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Following advice from senior advisory counsel in the Office of the Attorney General, a range of amendments have been introduced to clarify the alignment of the Bill with the Aarhus Convention and the EIA directive. Substantial amendments have been made to section 41 and I believe it is important to provide some detail on these amendments. Order 84 of the Rules of the Superior Courts...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: These amendments have been made to strengthen the Transboundary Convention and bring additional states into scope that are not EU member states, such as the United Kingdom. The Convention on Environmental Impact Assessment in a Transboundary Context, which is informally known as the Transboundary Convention or Espoo Convention, sets out the obligations of states parties to assess the...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Gerry Horkan: There are no contributors who have indicated to speak at this point, so we will move on to group 11, which is on underwater cultural heritage. It is the subject matter of Dáil amendments Nos. 127 to 129, inclusive and Seanad Report Stage amendment No. 14.

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Under section 135, special protection is deemed to apply to wrecks 100 years old or more. Dáil amendment No. 127 also applies special protection to registered and prescribed monuments situated on, in or under land covered by water. This will ensure that section 135 better relates to section 136 in the context of the activities that are prohibited at registered and prescribed monuments...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 130 inserts “immediate surroundings” into section 148(1)(e). The effect is that the unauthorised possession of detection device in, at, on, over, above, or within the immediate surroundings of a registered monument of a wreck one hundred or more years old, will be an offence. This will assist enforcement and strengthen the application of subsection...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil amendment No. 164 provides for the erection and removal of signs at monuments. These signs may be to inform members of the public of their responsibilities at monuments or to provide explanatory and interpretive information for a given monument. An important part of this provision makes it clear that if a person is charged with an offence under the enacted Bill, it will not be a...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Lynn Ruane: The Minister of State will recall that when Deputy Cian O'Callaghan pointed out at the select committee before the summer recess that there were issues and concerns with the original formulation of the Bill and how it referenced the Environmental (Miscellaneous Provisions) Act 2011, the Minister of State brought forward amendments in a welcome effort to respond to that, which acknowledged...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: 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...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil Amendment No. 176 inserts a new section 239, amending section 1(e) of the Foreshore Act 1933. It is intended to provide a pathway for existing foreshore applications, received by the Minister under the Foreshore Act 1933, to move to the new regulatory system in the interests of maximising the opportunities available in the more modern consenting structures provided in the Maritime...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: The effect of the amendments proposed by the Senators would be to provide that MARA must publish any determination under the European Communities (Birds and Natural Habitats) Regulations 2011 as if it had been made by MARA and that any application for JR of such determination shall run from the date of such publication. In addition, it is proposed that application for leave to apply for JR...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: Dáil Amendment No. 177 amends the Lough Corrib Navigation Act 1945 by the insertion of two new sections into that Act relating to the Lough Corrib navigation trustees. The trustees were established under the Drainage (Ireland) Act 1856 for the purpose of managing the Lough Corrib navigation. They consist of eight councillors drawn from Galway City Council, Galway County Council and...

Seanad: Historic and Archaeological Heritage and Miscellaneous Provisions Bill 2023: [Seanad Bill amended by the Dáil] Report and Final Stages (11 Oct 2023)

Malcolm Noonan: ...8 of and Schedule 12 to the Maritime Area Planning Act 2021 in October 2022, a potential technical requirement has arisen for an additional planning permission for projects in the maritime area that already have the previously required consents in place, both in Ireland and, in the case of certain cables, in other jurisdictions. These amendments address that issue. Part 21 of the...

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