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

I am sure Deputies can get them if they head up to the stationery room.

Amendments Nos. 98, 104, 109 and 111 collectively provide that the competent authority "M" may also make DMAPs. This was the original intention but the text as initiated was inoperable in this regard. These amendments make the necessary disapplications and adjustments to procedures.

Amendment No. 98 is a technical amendment to enable amendment No. 104. Amendment No. 104 inserts a new section 20(7) to enable the delegation of responsibility for a DMAP to another competent authority "D" following its preparation and publication. This provision would enable another body to undertake a review of the DMAP in question.

Amendment No. 109 corrects a typographical error in section 24.

Amendment No. 111 sets out a new section 29 containing the technical revisions to the DMAP procedure necessary to enable preparation by the competent authority "M". These relate primarily to where the competent authority "M" had a procedural role regarding the preparation of a DMAP by the competent authority "D". It does not change the fundamental considerations or obligations in respect of making a DMAP. Proposal, publication, participation statement and Oireachtas approval all still apply.

Section 29(4) disapplies the designation procedure under section 20; modifies section 21 to allow the competent authority "M" to act as it if were the competent authority "D" and with the same obligations save that it does not have to approve its own proposal; modifies section 22(1) to allow for the publication of the DMAP proposal to serve in place of a designation under section 20; disapplies section 22(4) where a competent authority "D" could make a new proposal where the original was not approved; disapplies section 24 providing for oversight of the competent authority "D"; disapplies section 25(2) relating to section 24; disapplies section 26(2) relating to ministerial directives; disapplies section 28(4) relating to non-material amendments; and modifies 28(5) to provide for these changes.

I now turn to the remaining amendments in this grouping. Amendments Nos. 99 to 103, inclusive, collectively seek to limit who can be designated as a competent authority to Ministers of Government. Section 20 of the initiated text provides that any body that meets the definition of public body may be designated as a competent authority "D" to prepare a DMAP. This would be a severe restriction and would mean that a local authority would not be allowed to prepare a DMAP to align with its county development plan or local area plan. It would prevent bodies such as the Marine Institute, the EPA or even MARA to be designated.

We all want high-quality DMAPs that do all the wonderful things we have set out in sections 21 and 22. We all want those DMAPs to be developed in a comprehensive fashion. We all want that development process to have best practice participation. It is acknowledged that not every public body has the necessary capacity, competency or skill sets to prepare a DMAP and it is intended to be very mindful of these matters when designating. It should be noted that such designations would only be undertaken following an engagement process with the body concerned and, where relevant, its parent Department.

On review, we have inadvertently used too broad a definition of public body in respect of such a designation. As defined in the Bill it includes Ministers, local authorities and bodies established under enactment. It also includes companies. While appropriate in other contexts, it would not be appropriate for such a company to prepare a DMAP. I intend to propose a Report Stage amendment to so modify the definition of "public body" for the purposes of this section. The amendments proposed by the Deputies cannot be accepted. They may wish to withdraw these amendments in light of this further explanation.