Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I move amendment No. 58:

In page 25, to delete lines 7 to 9 and substitute the following: “(8) The Minister shall, in preparing, amending or revoking guidelines under this section—

(a) act consistently with—

(i) Article 1 of the Maritime Spatial Planning Directive establishing marine spatial planning to promote within the State, the sustainable growth of maritime economies, the sustainable development of marine areas and sustainable use of marine resources, whilst achieving good environmental status, as set out in the Marine Strategy Framework Directive;

(ii) the objective and requirements of Article 1 of the Marine Strategy Framework Directive, recognising that maritime spatial planning is to be delivered whilst achieving Good Environmental Status of marine waters, as specified in recital 2 to the Maritime Spatial Planning Directive;

(iii) the objectives of the Birds Directive;

(iv) the objectives of Article 2 of the Habitats Directive;

(v) the methodologies and requirements of the Maritime Spatial Planning Directive;

(vi) the Marine Strategy Framework Directive and any programme of measures for the State specified thereunder,

(b) have regard to—

(i) the National Marine Planning Framework;

(ii) the extent to which it has been developed consistently with the requirements of the Maritime Spatial Planning Directive and any gaps and issues arising consequently;

(iii) subsequent Maritime Spatial Plans;

(iv) the current and future pressures associated with fishing and aquaculture in the marine environment;

(v) the national assessment reports prepared for the State pursuant to—

(I) Articles 16 and 17 of the Habitats Directive,

(II) Article 8 and 17 of the Marine Strategy Framework Directive, and

(III) Article 12 of the Birds Directive,

(c) consult with:

(I) the Minister with any delegated responsibility for natural heritage;

(II) the Minister for Housing, Local Government and Heritage, if this is not the Minister;

(III) the Minister for Environment, Climate and Communications,

(d) take account and give due consideration to the input from the consultations with the public and bodies consulted on the guidelines or on any proposed revocation or amendments proposed to guidelines, and

(e) set out in writing how the matters, consultations and considerations in paragraphs (a) to(d)have informed and been addressed in relation to the guidelines being proposed, amended or revoked.”.

By this stage, of course, the Minister of State and his officials will have rumbled our cunning tactical strategy to make similar points regarding different sections of the Bill. We are doing so, however, because we are genuinely keen to ensure, whether we are talking about the policy statement, the policy guidelines, the policy directives, the special plans or the DMAPs, that the inputs into those policy statements and various EU and domestic legal requirements are adhered to, to the maximum possible extent.

I will not go through all the same arguments as when we proposed a similar set of amendments to section 6. The fact, however, that we have had to tease out with the Minister of State, and he has been gracious with his time, explanations for each of these parts of the policy guidelines framework and how they interact speaks to these aspects not being clear to those of us who read the legislation. While it is clear to the Minister of State and his officials, many people will have to use this legislation, including people from industry, fishermen and fisherwomen, coastal communities and environmental NGOs, for example. Therefore, the maximum amount of clarity not only regarding what these different pieces of the jigsaw puzzle will do but how they will be fully compliant with EU and domestic law and how we are going to ensure the appropriate inputs and outputs is key in this regard. To progress the matter, I will not speak individually to each of the amendments. The points are the same as those that I made regarding section 6. We still think it is important, however, to raise this now.