Results 3,581-3,600 of 8,073 for speaker:Peter Burke

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: I respect the Deputy's view too.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: Those obligations rest on the Minister. They absolutely do.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: They rest with the Minister irrespective of the legislation.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: There is a significant danger of transposing other aspects that are not in the Bill. The Bill in itself is coherent in terms of section 31. Flowing from that, I have been clear that the technical deficiencies attached to listing all these various directives, which are not related or consistent with each other, in each section of the Bill does not make good legislation. They make the Bill...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: All the MSP directives are in Schedule 1.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: To be very clear, I, as Minister of State, am obliged under EU law to comply with all directives. That is a fact. We are obliged to adhere to and comply with all directives. No matter how much we tease it out or go into it I am being very clear in the response that those obligations are already in the Bill. Just because the Deputies want to repeat them in every section will not make this...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: Then it is reinforced through the courts. That is the reality.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: They have been transposed, where appropriate.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: Where appropriate, I understand.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: This Bill is the MSP directive. That is what we are referring to under this Bill.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: I am advised it is not relevant to this Bill.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: Can we reply to that question in writing?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: Yes.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: It is a plan.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: Let us be clear for the avoidance of doubt. It absolutely is a plan, and flowing from that will be DMAPs and area plans. The Deputy should be under no doubt - it is a plan for how we develop and govern our maritime area into the future. This is the first time that we have a coherent, strong and robust plan in that regard.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: That is why I said it was the first time. The Deputy might note that.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: I reaffirm that the national marine planning framework covers every single inch of our marine area. It is the first of its kind, robust and very strong. There is no plan in the State as detailed as the NMPF. Large plans, for example, DMAPs, will flow from it.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: Amendment No. 63 proposes to limit directives inappropriately to policies set out under the MPPS. This is an inordinate restriction and would preclude the issuing of directives on other necessary matters, such as where new domestic or European case law has clarified the operation of a procedure or EU directive and public bodies need to be instructed accordingly to ensure legally robust...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)

Peter Burke: If a legal decision is taken, the public body must comply with it. It is up to the Minister to make a direction to instruct it to comply with policy on foot of a legal decision taken.