Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I move amendment No. 30:

In page 23, to delete lines 35 to 39 and substitute the following: “(6) Subject to subsection (2), the Minister shall from time to time prepare for approval by the Oireachtas, and publication, and in accordance with this section and section 31—

(a) a statement (in this Act referred to as the “marine planning policy statement”) containing information setting out the principles and priorities of the Government in relation to maritime planning by the State in the maritime area for the period to which the statement relates, or

(b) a proposed amendment or revocation of a previous marine planning policy statement.”.

With this amendment, I am seeking to provide clarity on how marine planning policy statements are amended or revoked. Amendment No. 32 will provide for those statements to require approval by the Oireachtas. Marine planning policy statements are a significant part of the overall architecture. I am concerned about the role of the Oireachtas in that, as the Bill stands, the statements will simply be required to be laid before the Oireachtas.

So apart from being laid before it, the Oireachtas will not have a role in this. It is effectively for the Minister to do. I have a lot of concerns about that in terms of the democratic process given that these are significant and have an impact on the architecture of the legislation, how this process works and how the marine policy is set down. I am also concerned about how that could lead to judicial action relating to the Bill and the role of the Oireachtas, particularly in respect of Article 15(2) of the Constitution and other case law around that. I would be interested in hearing the Minister of State's view on that.

I have concerns about the level of ministerial discretion on marine planning policy statements and the lack of Oireachtas oversight. I have concerns about the lack of public participation in terms of the Minister's actions. I also have concerns about when the policy statements come into effect and about significant deficits in terms of environmental assessment requirements on the marine planning policy statements. Could the Minister of State elaborate on the process for environmental assessment when drawing up these statements?