Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

This is on prescribed bodies. In the 2000 Act, the matter is not left to the discretion of the Minister. The Act clearly specifies prescribed bodies as part of the procedure for reviewing the NPF. With regard to consultation, the Bill, in section 21, specifies Members of the Oireachtas, regional assemblies, local authorities, the commission, the Office of the Planning Regulator, the Environmental Protection Agency, the Maritime Area Regulatory Authority, members of the public, any Department or body in Northern Ireland having responsibility for regional development, and such other persons or public bodies as the Minister considers appropriate. The Minister is given discretion. The legislation does not list prescribed bodies and is not specific. What is the rationale for the change concerning discretion?

The SEA directive is clearly relevant here. It obliges states to designate the authorities to be consulted. Article 6, for example, states, "Member States shall designate the authorities to be consulted which, by reason of their specific environmental responsibilities, are likely to be concerned by the environmental effects of implementing plans and programmes."

There is no provision for that here; it is just discretionary. Why is it discretionary? Why not include prescribed bodies? What is the rationale for making it discretionary and giving more power and discretion to the Minister?