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

The point made by Deputy Boyd Barrett on NPHET is valuable but he failed to say it is a committee. It has an advisory role, and the Government makes the decisions. It is the same with regard to the board structure. The board is not adjudicating on consents. The board is a corporate governance structure; it is an oversight mechanism. The chief executive and the chief executive's team have the expertise in respect of development consents, and adjudication is their job. It is to misunderstand the corporate structure to suggest the board will be making the decisions. NPHET is a good example in this regard. We will have the expertise, through the chief executive and chief executive's team, to adjudicate on applications. However, the board provides the oversight, holding the chief executive to account in the governance structure. In response to the Second Stage debate, we increased the scope in this regard, which will provide greater independence.

On foot of issues raised in the Second Stage debate, I instructed my officials to review the Part 3 legal text, as initiated. This will help to ensure best practice in corporate governance is reflected in the Bill. I may introduce amendments on Report Stage further to the conclusion of the review. The review is well advanced but specific elements need to be considered in conjunction with the Office of the Attorney General. As such, I am not in a position to detail what the changes are at this stage. I will endeavour to provide further information at the earliest opportunity. On that basis, I will not be moving amendment No. 133 later.

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