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Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: I thank the members for their questions. There was a question on meaningful participation and consultation with various groups. I have been very clear about what we have embarked on with the birth of the national marine planning framework and it being absolutely best-in-class practice. It is genuinely disappointing to hear suggestions this is tokenistic. One can look at appendix B. I...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: Article 9 in the MSP directive is the genesis of what we will try to do when we embark on public participation and draft our statement. That is what we are guided by in terms of how we engage with communities. The public participation statement is triggered on a review. It is part of the development process. It is not necessary to wait six years. A review of the plan triggers the public...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: I am told that is standard wording to allow the Minister to prepare independent regulations attached to it.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: There is no process in place at that point in time if the review has not commenced.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: What Deputy Ó Broin is saying is correct. That is not the case.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: That is part of the process. Its being triggered is the birth or start of the process.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: Any marine spatial planning process that kicks off has to have the full participation statement as its first port of call to start.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: My officials tell me they will examine the issue of when it is triggered and clarify the matter for the Deputy.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: I gave an indication of what reasonable steps are when I gave the example of Covid-19.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: We are going by Article 9 of the MSP directive, which is written down.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: Section 18 is Article 9. It transposes Article 9.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: It is what I am advised.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: It gives effect to Article 9.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: I do not understand the Deputy's problem. He accepts that the section gives effect to the article.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: Does the Deputy want me to predict everything that will or will not be reasonable in future?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: We need to be fair here.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: The reason is that section 18 triggers the obligation for the public participation statement, which is referenced in Article 9. It does exactly what Article 9 is suggesting. I appreciate that we all need to be good-humoured about this. Nobody is arguing the Minister should provide a list of everything that is reasonable and unreasonable. That is not how legislation works. Even we in the...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: On the triggering of a public participation statement, the position on DMAPs is set out clearly in page 197 of the national marine planning framework. On amendments to MSPs and designated marine area plans, DMAPs, the detail is in section 28 of the Bill. I said the article is about giving effect. That is my clear advice regarding public participation and the associated robust...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: I move amendment No. 82: In page 28, line 30, to delete "UNCLOS and the Act of 2006" and substitute "the Convention and the Act of 2021".

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Peter Burke: The grouping proposes a number of changes to the public participation procedures and additional steps in the Oireachtas approval procedures. I will take participation first. In part, I think these amendments have been proposed because members may not have fully grasped the intention and function of the initiated text as a whole. This is understandable as what is proposed is innovative in...

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