Oireachtas Joint and Select Committees
Tuesday, 19 October 2021
Select Committee on Housing, Planning and Local Government
Maritime Area Planning Bill 2021: Committee Stage
Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source
I move amendment No. 1:
In page 16, line 1, after “(6)” to insert “and (7)”.
I might make a couple of general comments while speaking to these amendments. Given that so many amendments have been tabled, this will be the only time I will make general comments and I will thereafter stick to the specificity of the amendments as we go through them. To expedite matters, I will speak to amendments Nos. 1 to 3, inclusive, as they are all, ultimately, related.
As we saw when we dealt with the general scheme in pre-legislative scrutiny, all members want this legislation to pass. There is a universal acceptance that we absolutely need a good-quality, robust planning regime for the marine, alongside an appropriate agency with effective enforcement, not just because we urgently have to meet our 2030 renewable energy targets but also because it is the right thing to do. Like the Minister of State, I acknowledge the very significant volume of work the officials have had to deal with, not just in regard to the Bill but over recent years. They have been exceptionally helpful with members whenever we have asked for additional information, briefings and so on.
The challenge for us as a committee is that while a member can absolutely support the intention of a Bill, he or she will still want to play a role in scrutinising it thoroughly to ensure that when we get to the other side, the Bill and the mechanisms it will put in place will do exactly what we all want it to do, namely, to allow for good decisions about maritime use.
A member will also want the Bill to allow for a good planning regime, particularly for offshore wind, but one that protects and secures our marine environment and biodiversity. Those are quite challenging things. I was saying to the Chair at the start that one of the challenges for us is that this is incredibly complex. It is certainly the most complex legislation I have encountered in my five years here. We are trying to put in place almost four strands of a system - licensing, consents, the agency itself and enforcement - all of which must operate in a complex and comprehensive EU and domestic legislative framework as well as a cumbersome and complex planning framework. I probably am saying all of that by way of a caveat so that if some of the amendments, as I go through them, are less coherent than I would like them to be it is merely because this is genuinely taxing, certainly for those of us on this side of the Chamber.
I still have the two concerns I have had from the start. Many of the amendments I have tabled seek to give the Minister of State the opportunity to put on the record of the committee his responses to those concerns. Depending on those responses, I may well withdraw my amendments if the answers are satisfactory. There are some areas - these will be small in number - where the Bill could be improved. Obviously, I hope that the Minister of State will take on board the spirit, if not the letter, of the amendments and come back. All of my amendments are tabled - other colleagues' amendments would be the same - on the basis of trying to strengthen the legislation.
To reassure the Minister of State, we had a lengthy discussion earlier today on working to progress this legislation as quickly as possible while giving it the maximum amount of time. The Minister of State will note the committee will be forthcoming in giving time to get through the Bill quickly but without scrimping on the necessary scrutiny.
On these first three amendments, like a lot of planning legislation, there are many areas where the outworkings of the legislation will depend on commencements and commencement dates. In many areas, there is a lack of clarity on what the Government's intention is with respect to commencements. Amendments Nos. 1 and 2 are related. Amendment No. 3 speaks to the same issue, which is around the commencements of the maritime spatial plans set out in Part 2, Chapter 2, and when they will be commenced. Obviously, they are crucial to many other aspects of the consents, the licensing and, ultimately, planning decisions. There is also the issue of the marine planning framework review. Given that some people still have some concerns about the content of that, it would make sense that we have clarity not only about commencements with respect to the maritime spatial plans, but also the interaction of the review with this section and related sections of the Bill.
There is a related issue around the role of the Oireachtas in all of this. I refer to the question of whether the Oireachtas simply gets a copy of something or has a formal role in amending or approving it. Therefore, there is a role for greater provision, as in amendment No. 3, for opportunities for the Oireachtas to debate fully those related matters.
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