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

I will address amendments Nos. 18, 135, 234, 265, 282, 290, 304, 314, 315, 395, 432 and 1189, which have been tabled by Deputy Matthews. This set of amendments relates to a new definition for the national biodiversity action plan along with the insertion of several references to that plan at specified points throughout the Bill. It is important to note that the national biodiversity action plan is already defined under section 48 and several references to biodiversity currently feature in the Bill. I also acknowledge that the Deputy is seeking to expand upon the extent to which biodiversity features in the planning system. That is hugely important.

Amendment No. 18 intends to define the national biodiversity action plan by way of a reference to the Wildlife (Amendment) Act 2023. This differs from the current approach taken under section 48. I believe additional time is required to determine the most suitable approach for the purposes of the Bill. Multiple definitions of the same term are not usually desirable and this could lead to some confusion or misunderstanding. Subsequent proposals within this cohort of amendments insert new paragraphs and subparagraphs into existing provisions to increase the number of references to the national biodiversity action plan, primarily in Part 3 in relation to the national planning framework, regional spatial and economic strategies, and development plans.

The Wildlife (Amendment) Act 2023 has introduced a new public sector duty on biodiversity and provides that all public bodies listed in the Act must have regard to the objectives and targets in the national biodiversity action plan. This legislation has been spearheaded by my Department and I hope it is clear for all to see the importance that is being placed on biodiversity across all levels of society, and rightly so.

I acknowledge the proposals brought forward by Deputy Matthews but I believe further work remains to be carried out on the definition of the action plan, as I have touched upon, but also on the subsequent proposed amendments and their cohesion with the Bill’s existing provisions. These considerations will be in the context of the need to maintain the capacity of the planning system to effectively and appropriately evaluate a wide range of legitimate considerations, which need to be balanced, in pursuance of its function of facilitating proper planning and sustainable development.

I ask the Deputy to consider withdrawing his amendments relating to the national biodiversity action plan. I will ask my officials to engage with the Office of the Parliamentary Counsel in order to bring forward corresponding amendments on Report Stage, where appropriate.