Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

Amendment No. 9 proposes to construe "ecosystems-based approach" in accordance with two different directives: the marine strategy framework directive, MSFD, and the marine spatial planning directive, MSPD. The MSFD is not correctly referenced in this amendment. Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishes a framework for community action in the field of marine environmental policy. This is the marine strategy framework directive. The term referred to in the amendment is not directly defined in either directive. Instead, it is stated as a principle. Construing a term in accordance with two different directives is not appropriate due to the risk of the use in different contexts and the potential for divergence and inconsistency, which would create potential practical issues as attendant legal risks. As the legislation gives effect to the MSPD, it is appropriate to construe the term in accordance with that instrument and this is achieved in the Bill through section 13(2). No amendment to section 13(2) has been proposed. Therefore, if approved, this amendment would introduce inconsistency and conflict between section 2 and section 13 of the Bill. For that reason, I oppose this amendment.