Oireachtas Joint and Select Committees

Thursday, 2 February 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Marine Protected Areas Bill 2023: Discussion (Resumed)

Ms Attracta U? Bhroin:

I echo my colleagues' thanks to the committee for its engagement, not just this morning but in the other sessions, which were clearly very constructive and powerful. I also thank the Department and Professor Tasman Crowe for his engagement in this process. It has hopefully facilitated the airing of a lot of matters that would be of use to the Department and the Minister, who has shown such interest in this matter and in bringing forward a more robust piece of legislation. I also thank my colleagues for their support and Wind Energy Ireland for its constructive engagement. It was great to see commonality of interest, particularly on areas like the NPWS. It serves none of our interests if it comes to the table late. It is particularly frustrating for industry.

I would be remiss as a staff member of the IEN if I did not flag the fact that funding and support for environmental NGOs is also a huge issue for our ability to engage. We face difficulties even engaging in a process like this, let alone in the magnitude of consultations that are potentially coming our way associated with the MPAs, which is just one of the many areas the groups around this table face. I would just flag that.

There is one thing we did not get to touch on and I would just like to mention, which is the transposition, as I alluded to in our opening address. It is particularly glaring in addition to the legal architecture omissions but also in the schedules. There are activities and pressures detailed there and there is a critical word missing from those that exists in the EU regulation from whence they come, which is that these are indicative. The way they are presented in the Bill is that they are the totality of what needs to be considered. We have seen this issue time and again in the way annexes are looked at. People look through them and if they do not see something there they think they do not need to worry about it. That is an indicative list. It is not a complete list. That is a material difference in what we need to identity as activities and pressures.

On the public interest element of head 10, the Chair referred to a landowner and something that may impact his interests. We are talking about the marine environment, the public good, a State-owned asset. There are huge implications for the wider public interest. I would also hark to Article 29.4.6º of the Constitution, which basically sets aside all protections of our Constitution which are a function of our EU law obligations.

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