Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

Amendment No. 221 proposes to rephrase section 24(10). This subsection relates to "minor modifications" where, following a strategic environmental assessment or an appropriate assessment, the Minister of the day may issue a draft national planning statement with or without amendments and subject only to any minor modifications that he or she considers necessary.

Subsection (10) ensures that any modifications made to a plan can only be considered minor where they do not substantively or materially alter the draft statement or they are not likely to have significant effects on the environment or any European site. As currently drafted, this provision is clear and concise.

I cannot see how the proposed rephrasing under amendment No. 221 achieves anything other than introducing ambiguity to the current draft by the addition of "in combination with other plans or projects".

This appears to be unnecessarily verbose, but perhaps the Deputies might expand on their proposal. I will deal with their questions. I will commit to re-examining this further with the Parliamentary Counsel, if appropriate, but I see no reason to accept the amendment.

Two points were raised about subsection (10). Under paragraph (a), any modification will be deemed minor where it does not substantively or materially alter the draft national planning statement. The Department will consult the Office of the Attorney General. Under paragraph (b), it will be deemed minor where it is not likely to have significant effects on the environment or on any European site. This will be defined in the SEA directive. The Department will consider whether there are implications under that directive. The European site will be covered by an appropriate assessment, AA. The modification will be considered under both of these requirements. There may be cases where the Department will have to engage with the AG's office.