Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

This amendment seeks to limit the Minister’s ability to issue a direction in respect of a DMAP and specifically limits the Minister’s ability to not require an amendment to a draft DMAP to those matters referred to in the preceding subsection that are not in the MSP directive. In other words, where there is an inconsistency with the MSP directive, the Minister must require an amendment to the draft DMAP if a direction on that basis is being issued. The Minister has a responsibility to comply with the directive. This matter was discussed at great length on Committee Stage. A Minister cannot issue a direction that would run contrary to the MSP directive.

While I understand where the Deputies are coming from on this, or at least their intention, this amendment is unnecessary in our view. If there were a serious inconsistency between the DMAP and the MSP directive, the Minister of the day would have to act accordingly, and this is a given. This amendment would essentially tie the Minister’s hands from issuing certain directions if he or she finds inconsistencies with compliance in different parts of the MSP directive that would not, perhaps, amount to a direct contravention of the directive or that could be resolved some other way than by amending the draft DMAP such as, perhaps, by amending the public participation statement or engaging in further consultation.

6 o’clock

The amendment is therefore not only unnecessary but inappropriately limiting and confusing in carving out a specific reference to the maritime spatial planning directive. As such, I will not be supporting it.

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