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

Malcolm Noonan: As I said, the Minister of State, Deputy Burke, has already made a commitment in respect of that level of engagement with the joint Oireachtas committee. That commitment is worthwhile.

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

Malcolm Noonan: We can give some consideration to that matter.

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

Malcolm Noonan: This was already addressed on Committee Stage in the Dáil. There is no requirement to conflate the marine spatial planning directive with the marine strategy framework directive in one piece of enabling legislation. Indeed, the most recent global international guide on maritime spatial planning prepared by UNESCO and the EU Commission and published this year reinforces the distinction...

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

Malcolm Noonan: Section 2 of the Bill provides for interpretations. The proposed amendment would limit the range of bodies that could be prescribed for certain functions in regulations by providing a limited interpretation in section 2. The appropriate place to expand the list of prescribed bodies for certain functions will be in the regulations. My Department will begin preparing all relevant regulations...

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

Malcolm Noonan: Senator Cummins has pretty much summed up my response. In response to Senator Higgins, I repeat that the functions around prescribed bodies will be in the regulations. When we are talking about outdated consultation methods, we are really talking about consulting with a prescribed body for a prescribed period. That work is done. It is open and closed. We are providing for a longitudinal...

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

Malcolm Noonan: I thank the Senators for their contributions. The marine planning policy statement is a high-level document that sets out the Government’s principles and priorities for maritime planning. Section 6(5) of the Bill sets out a brief list of the high-level policy framework that will be taken into account when preparing the statement. However, this list is not exhaustive and any matters...

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

Malcolm Noonan: In relation to Senator Boyhan's point, I wish to give that commitment. The Senator is correct. The national marine planning framework has a dedicated chapter on heritage assets. The language used is that the Minister must have regard to it when preparing a marine planning policy statement. Whatever the current policy is, when the policy statement is prepared or whenever Heritage Ireland...

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

Malcolm Noonan: I again want to give assurances to the Senator. The recommendation is not referenced and it would not be appropriate to include it here. Section 6(5)(h) of the Bill requires the Minister to have regard to any current policy of the Government. The specific line refers to the current policy of Government relating to maritime planning and that would likely include any EU recommendation on...

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

Malcolm Noonan: The marine planning policy statement is a high-level document that sets out the Government's principles and priorities for maritime planning. Section 6(5) sets out a brief list of the high-level policy framework that will be taken into account when preparing this statement. However, this list is not exhaustive. Of course, any matters that inform the high-level policy document will be...

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

Malcolm Noonan: Regarding section 10, where the Minister proposes to prepare, amend or revoke the marine planning policy statement, he or she shall publish a notice, which is among the three items the Minister needs to publish, in not less than one national newspaper inviting members of the public to make representations in writing thereon to the Minister not later than four weeks after the date of...

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

Malcolm Noonan: That includes the Oireachtas.

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

Malcolm Noonan: I would like to again address the Senators' queries and their concerns about the issue of public consultation. It is our view that this could be addressed by secondary legislation via regulations. That is what we are saying. We will commence the preparation of regulations which will include, as I stated in the opening statement on this particular amendment, detail on public consultation....

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

Malcolm Noonan: While I appreciate the motivation behind the amendment, section 226 of the Act refers to the local authority development on the foreshore. This amendment would effectively nullify existing permissions for local authority development and have significant consequences for the delivery of essential public infrastructure such as wastewater treatment facilities. I am certain the Senator would...

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

Malcolm Noonan: I appreciate that. The Senator's point is noted.

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

Malcolm Noonan: I am speaking to amendments Nos. 22 and 24, since the Senator withdrew No. 23. I thank her for making those significant points about nature. I appreciate that. Amendment No. 22 proposes to cherry pick elements of Article 5(2) of the MSP directive. This is contrary to the directive. Article 3 of the MSP directive defines maritime spatial planning as “a process by which the relevant...

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