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

I move amendment No. 73:

In page 27, between lines 1 and 2, to insert the following: " "maritime spatial planning" means—

(a) a process by which the relevant Member State’s authorities analyse and organise human activities in marine areas to achieve ecological, economic and social objectives, as defined in Article 3(2) of the MSP Directive, and in so doing the competent authority (M) or competent authority (D) shall—

(I) act within the context of the EU’s Integrated Maritime Policy (IMP) which includes, as its environmental pillar, Directive 2008/56/EC of the European Parliament and of the Council,

(II) support the sustainable development of seas and oceans,

(III) develop coordinated, coherent and transparent decision-making in relation to the maritime sectors,

whilst achieving good environmental status, in accordance with Directive 2008/56/EC, and as set out in recital 2 of the MSP Directive, on the objective of the EU Integrated Maritime Policy, and

(b) that maritime spatial planning shall thus be informed by, and act within that constraint of achieving good environmental status, and shall—

(I) take into account land-sea interactions in accordance with Article 4(2) of the MSP Directive,

(II) contribute to the objectives listed in Article 5 of the MSP Directive, applying an ecosystem-based approach, and to promote the coexistence of relevant activities and uses,

(III) fulfil the requirements laid down in Article 6 of the MSP Directive in respect of how MSPs are developed, as required by Article 4(4) of the MSP Directive,

(IV) fulfil the requirements of Article 8 of the MSP Directive on what they shall identify and contain, as required by Article 4(4) of the MSP Directive,

(c) have due regard to the particularities of the marine regions, relevant existing and future activities and uses and their impacts on the environment, as well as to natural resources, and shall also take into account land-sea interactions, and

(d) may include or build on existing national policies, regulations or mechanisms, provided they are in conformity with, and consistent with, the requirements and objectives of the MSP Directive, and where such policies have been made and approved by the Oireachtas;".

These amendments are about providing alternative definitions and objectives for the marine spatial planning with a stronger focus on environmental and social requirements. What is encompassed by maritime spatial planning must be clearly set out in the Bill, and it is very important we do it so we do not end up before national and EU courts and create potential delays in marine activity. It is essential we have sufficient marine protection with an emphasis on rehabilitation and conservation, which we are legally obliged to deliver. We should already have delivered that and we have been remiss in not putting in place sufficient marine protection, rehabilitation and conservation. We must move very swiftly to ensure we do that.

There are other complex environmental considerations that must also be taken into account in spatial planning. This is not discretionary, and that is why I spoke before about the importance of the directives relating to marine planning in that respect. They are legal requirements and are not discretionary. That is why it is important with the directives to understand the difference between transposition of a directive and conformity with directives. That relates to our previous conversation and it is why there are checks both on transposition and conformity. Of course, conformity is all about compatibility. What I was seeking in previous amendments was to ensure compatibility and what I am trying to do with this amendment is ensure compatibility as well.

I can give an example of good practice from another jurisdiction that relates to marine rehabilitation and conservation. Scotland has set up the Scottish marine environmental enhancement fund. It is a very good model and something we should do here. All wind and renewable energy in the marine environment has a condition of the licence that there must be a contribution to the fund. The fund is used to support communities, environmental and coastal groups that work in the marine and it allows them to carry out marine biodiversity projects, along with conservation and rehabilitation.

It is very important we write into the Bill as much as possible measures that will lead to that sort of good practice seen in Scotland. That is why I am putting forward these amendments.