Results 3,361-3,380 of 8,073 for speaker:Peter Burke
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: In the first instance, we have had a debate in terms of the directive and the legislation complying with same. I am happy, based on the advice I have received from my officials and the Office of the Attorney General, that it complies with both directives referenced in the earlier sessions. To transpose a directive word for word does not make for good or more robust legislation. That is our...
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: It is after. It is at the end point that the direction is issued.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: Because it is being used as an enforcement measure. There is oversight by and safeguards for the Minister, but he must have enforcement powers to ensure the legislation and the planning policy have been complied with and, therefore, he must have the power and authority to issue the directive on that basis.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: Yes.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: Absolutely. The reasons are set out in section 30(1). That is correct. It is similar to the situation under current planning policy. One may not be in possession of all the facts when a draft direction is issued and one has to go through the process, but the Minister has to have the capacity and power to issue the direction and publish it at the end point, when all those determinations...
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: We went through that in detail. My officials and I believe it is-----
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: That is what is done in subsections (b) and (c) of amendment No. 115.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: It is legal terminology. My officials and I believe it is best in class and we are happy in terms of-----
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: We believe the legislation is based on the best advice from the best drafters we have in the Oireachtas. I can genuinely say to the Deputy that there is no black hole here in terms of trying to get away from directives or walk away from obligations. That is absolutely not the case. We are arguing over and back on these points. It is a matter of disagreement between us.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: I think we should move on. I am happy with my view on it.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: Deputy O'Callaghan said it first.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: I have listened to Opposition Deputies on many occasions through this process. We have taken suggestions from them and I will do so, where I can. However, if we look at the language the Deputies are trying to introduce, the word “compatible” is subjective. It is the same with “full public consultation”. It leaves everything open to legal challenge down the road...
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: I move amendment No. 113: In page 40, to delete lines 8 and 9 and substitute the following: “(2)(a) A direction under this section shall be in writing and may apply to one or more than one public body. (b) The Minister shall cause a direction under this section to be published on a website of the Government at the same time as it is given to the public body concerned or as soon as...
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: I move amendment 114: In page 40, between lines 12 and 13, to insert the following: “Steps preliminary to deciding whether or not to issue direction under section 30 31.(1) This section applies where the Minister is minded to give a direction under section 30(in this section referred to as the “direction concerned”) to a public body (in this section referred to as...
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: I move amendment No. 117: In page 40, to delete lines 27 to 31 and substitute the following: “(a) the marine planning policy statement; (b) guidelines issued under section 7; (c) policy directives issued under section 8; (d) each draft MSP; (e) each draft DMAP; (f) a proposed material amendment under section 28.”.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: In the first instance, we must get the legislation through and it will be a decision for the Government to proceed then. In essence, it will be more specifically set out in the regulation. It was too broad and encompassed, for example, the registration of all sea captains. We are carrying a new robust process by instructing other bodies to give us information which we will make publicly...
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: Section 34(1)(a) details the type of data as any authorisation that "takes the form of a licence, consent, approval or any other type of authorisation". It is very clearly laid out.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: Essentially, we are putting the information into a one-stop shop.
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: That is exactly it. It is trying to have the best, most transparent process for the maritime jurisdiction, which we will all coexist in and use. That is a key point. We want to be as transparent as we can. This is new in terms of instructing bodies to make information available to the public in a one-stop-shop process. That is what we are trying to do. That is clearly contained within...
- Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)
Peter Burke: Yes.