Oireachtas Joint and Select Committees

Tuesday, 2 November 2021

Select Committee on Housing, Planning and Local Government

Maritime Area Planning Bill 2021: Committee Stage (Resumed)

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

Absolutely, and we work with Opposition Members.

Amendment No. 96 proposes to delete section 19(1) from the Bill. That subsection disapplies the Oireachtas approval procedure in respect of a specific subset of DMAPS set out in Chapter 4. I believe that the Members may misunderstand the intention and function of this provision and may wish to withdraw the amendment following further explanation.

Chapter 4 is applicable to DMAPs where a local authority is the designated competent authority and the DMAP is within its proposed nearshore area. It could also apply to DMAPs where more than one local authority and nearshore is involved. Instead of Oireachtas approval, oversight and democratic legitimacy is provided by a vote in the local authority concerned. It is envisaged to be used in circumstances where a local authority may wish to develop a DMAP in parallel with county or local area development plans. There may be 31 county-based DMAPs and countless local plans. I do not believe that it is the Members' intention that each single one be subject to Oireachtas approval. If accepted this amendment might mean the national Legislature does little else during its sessions.

We also need to be conscious of the message the Oireachtas would be sending to the local authorities by requiring both local and national democratic approval. In essence these Houses would be saying that a local authority cannot be trusted in terms of its jurisdiction.

Amendment No. 97 proposes revised procedures for Oireachtas approval. I believe that the measures set out in the Bill - early notification of the Oireachtas through the public participation statement - will enable Oireachtas engagement at a far earlier stage where any proposals made can influence and shape the development of plans. This will be far more effective and efficient than seeking to retrofit a plan towards the end of its development. The Oireachtas approval procedure set out in section 19 of the Bill is deemed sufficient.

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