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 Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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I move amendment No. 110:

In page 39, line 1, to delete “significant”.

This amendment proposes to delete the word "significant" from the legislation in respect of the avoidance of mitigation measures. The use of the word "significant" here effectively allows the Minister make classes of amendments under regulations which are considered non-material. There is an issue in that in the Bill what is non-material or inconsequential is not restricted. There is not a circumscription on it so there is a particular danger there in the power that it gives to the Minister. Mitigation measures can be very important, as I am sure everyone here agrees, particularly in trying to avoid any negative and adverse impacts on the integrity of the Natura 2000 sites. As we know Natura 2000 sites have not been defined to the degree that they should be and there is significant more work that needs to be done there to protect them. This deletion is significant in trying to improve the protections of ecological sites and also in not to giving the Minister such acarte blanchein deciding that by amendments under regulations, he or she can consider not to deal with issues that need to be addressed.