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Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: Yes.

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I move amendment No. 3: “In page 17, between lines 15 and 16, to insert the following: “ “excluded consultation periods” means that the following days are not included in the counting of any public consultation provided for under this Act or required by any action or decision taken under this Act where they fall within the public consultation period proposed:...

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I accept the Minister of State's bona fides in respect of amendment No. 3 because I know there has been movement on that. In the text of amendment No. 34, subsection (3)(b)(iii) deals with the administrative burden that is placed on the public. There should be no battle or difficulty in terms of the administrative burden that is placed on the competent authority versus the public and its...

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: What about other Members who are not on the joint Oireachtas committee?

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I am afraid I will have to ask the Minister of State to give a further reply. His response is not accurate in the sense that this amendment does not preclude the addition of further measures. I note that it is quite specific in stating "shall include at least the following". It does not close the list and it is very clear. I was not going to belabour it, but the amendment sets out...

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: Coastwatch Ireland would not be excluded by the text of the amendment. That text simply says "shall include". It does not say it shall not include any others.

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I move amendment No. 6: In page 20, line 3, after “record” to insert the following: “, but a record shall not be confused with information held, particularly for the purposes of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC or the...

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: The Minister of State will be aware there is consideration regarding the issues of rights of way and the foreshore. That area will be considered by another Department next year. I want to signal the issue of the nearshore and how it relates to access to the foreshore, which is a key consideration under the review of conveyancing legislation under the question of prescriptive and other...

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I move amendment No. 9: In page 24, between lines 24 and 25, to insert the following: “(j) any interim measures to protect areas of the marine environment as agreed by Government.”.

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: The Minister said these are high-level principles. Surely if high-level principles are revoked or modified, it merits the same kind of process and scrutiny given that Ministers change. We do not want to have lots of debate and discussion around what those high-level principles should be in terms of marine policy planning, be it the precautionary principle, and then for that policy statement...

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: What about the Oireachtas?

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: As I understand it, the approval of the Oireachtas is required regarding a marine planning policy statement so, again, there is a difference between being able to give a submission as a member of the public and having that agreement between the Parliament and the Executive. Could the Minister of State provide some clarification? I believe it is the case that the approval of the Oireachtas...

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I move amendment No. 13: In page 25, line 9, to delete “four weeks” and substitute “sixteen weeks”.

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I move amendment No. 18: In page 25, between lines 37 and 38, to insert the following: “(9) Subsections (5), (6), (7) and (8)shall, with all necessary modifications, apply to an amendment made to or a revocation of a Ministerial Guidelines issued under this section as those subsections apply to Ministerial Guidelines issued under this section.”.

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I move amendment No. 19: In page 26, between lines 3 and 4, to insert the following: “(3) The Minister shall ensure any new policy directives, or revocation or amendment of policy directives made under this section, shall first be subject to a screening determination for both Strategic Environmental Assessment and Appropriate Assessment, and such assessments shall be...

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I will withdraw it but may follow up with the Minister of State directly on the matter.

Seanad: Maritime Area Planning Bill 2021: Committee Stage (14 Dec 2021)

Alice-Mary Higgins: I move amendment No. 21: In page 27, to delete lines 27 to 36. I am open to clarification on this. I had a concern that, where approvals were granted for applications before new subsections were in place, some such approvals may have been granted under previous regimes which did not have many of the considerations we are putting into place in this regime. I understand there is a desire to...

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