Oireachtas Joint and Select Committees

Thursday, 4 November 2021

Select Committee on Housing, Planning and Local Government

Marine Planning Area Bill 2021: Committee Stage (Resumed)

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

I move amendment No. 112:

In page 40, line 3, to delete “The Minister” and substitute “Subject to section 31, the Minister”.

Amendments Nos. 112 to 114, inclusive, collectively introduce revisions to the provisions for compliance by public bodies under Chapter 6. That Chapter obliges a public body to adopt such measures that are necessary to secure the objectives of the national marine planning framework, with directions under section 30 issued where the body does not do so.

Amendment No. 112 is a technical amendment to enable the introduction of a new fair process procedure in a new section 31. Amendment No. 113 provides that section 30 directions can apply to more than one public body and that such directions are published online.

Amendment No. 114 introduces a new fair procedure provision to issue a draft direction under section 30 to the body concerned and allow an opportunity to the body to clarify matters or put in place measures that would make the direction unnecessary. It would not be appropriate to publish a draft direction as the Minister may not be in possession of the full facts in a particular case and the draft direction may have been issued in error.

As was much discussed and eventually clarified in the first session, amendment No. 117 provides that the marine planning policy statement is subject to the SEA and AA obligations of section 31.

Chairman, do you want to move the other amendments before I go ahead?

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