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

This grouping of amendments proposes similar Oireachtas engagement procedures for guidelines and directives to those proposed earlier for the marine planning policy statement, MPPS, and are equally problematic. The net effect of the proposals would be that the Oireachtas would take the role of the Minister of the day on a day-to-day operational level of the planning regime. The Oireachtas is not and cannot be the marine spatial planning body. The text is largely copied from those earlier amendments and, as such, contains the same technical deficiencies as already debated.

The requirement for such detailed engagement with the Oireachtas would limit the finalisation of such documents to the periods in which the Oireachtas was sitting and had the available capacity to deal with such matters. Such a restriction brings with it the problematic risk of the entire marine planning system grinding to a halt during periods in which the Oireachtas was not sitting or did not have capacity where a guideline or directive was necessary to ensure legally robust functioning of the planning system. That would be an unprecedented constraint for any regulatory system and I sincerely doubt people would thank us for introducing it.

Amendment No. 54 sets out the process for the Oireachtas approval, which is entirely inappropriate for ministerial guidelines and would be inconsistent with other provisions on the Statute Book. Amendment No. 60 limits such guidance to the consideration of specific matters which are in the formulation of an amendment that has already been rejected. Amendment No. 64 again sets out an Oireachtas process entirely at odds with the purpose of a ministerial function. Amendment No. 71 sets out limits on such directives to the consideration of such matters which are in the formulation of an amendment already rejected. I oppose these amendments.

I remind Deputies resolutions were passed for the national marine planning framework. We have agreed, through this committee, to go for a resolution for the MPPS. That was a commitment given at the first session. Designated maritime area plans, DMAPS, will require a resolution through the Houses. I am clear in my mind that Government sets the policy and the Oireachtas holds it to account on such policy.