I move amendment No. 26:
In page 10, line 37, to delete "within 4 days" and substitute "immediately".
SECTION 16.
I appreciate the thought behind this amendment. I agree with the Deputy that the sooner an archaeological find is reported the better, but I would expect that where a responsible person finds a wreck he or she will report it as a matter of priority. However, I do not want to place an impossible burden on the finder of a wreck. We do not know the circumstances in which a diver may find such a wreck or the difficulties which may be encountered making such a report. There could be pressing personal reasons a person could not immediately make such a report. The requirement to report such a find within four days is a reasonable balance between the need for urgent reporting and the priorities of the individual.
Who is it to be reported to? Is it to the Director or to the Gardaí.
The Director.
The Director being one person, could a person technically be in breach of the law if the find was made during a holiday period and could not be reported within 4 days? The purpose of my amendment was to make the reporting of a find urgent, rather than to delineate a number of days.
It may be necessary to suggest that it be "four working days". I will look at that matter between now and Report Stage. In withdrawing the amendment the Deputy is accepting my concept of four days.
Yes.
Amendment, by leave, withdrawn.
Section 16 agreed to.
Sections 17 to 22,inclusive, agreed to.
SCHEDULE.
I move amendment No. 27:
In page 15, paragraph 1 (2) (c), line 1, after "objection" to insert "(written, oral or both)".
This is a technical amendment. It is important that objections be written, oral or both. It is not a difficult amendment to accept.
Any objection to a compulsory purchase order will have to be deliberately considerd by the Minister acting in a quasi judicial manner. For such a formal procedure, written objection would be essential. Paragraph 2 (1) of the Schedule, makes it clear that the objection must be submitted in writing and within two months. That is standard and is a reasonable procedure.
Amendment, by leave, withdrawn.
I move amendment No. 28:
In page 16, paragraph 2 (5) (b), lines 1 and 2, to delete "grant their consent to the compulsory acquisition of the land" and substitute the following:
This amendment deletes the provision indicating that Ministers must give their consent to a compulsory purchase once the procedural steps for the making of the compulsory purchase have been complied with. It was not the intention that the Minister should be in a position of having no effective discretion to refuse a compulsory purchase application by the Commissioners. Instead, I have substituted a provision which positively affirms that Ministers have discretion to grant or refuse consent to a compulsory acquisition within four months of the date of the application by the Commissioners to the Minister. It is a positive assertion.
I support this amendment.
Amendment agreed to.
Amendment No. 29 has been ruled out of order.
Amendment No. 29 not moved.
Schedule, as amended, agreed to.
Title agreed to.