Results 5,201-5,220 of 6,949 for speaker:Cian O'Callaghan

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

Cian O'Callaghan: I move amendment No. 86: In page 29, line 2, after “thereof” to insert “in accordance with subsection (3)”. This amendment was not grouped with amendment No. 85, but I probably should have spoken on it then because it provides for the factors set out in that amendment to also be considered in the context of reviews of the maritime spatial plans.

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

Cian O'Callaghan: I move amendment No. 87: In page 29, between lines 10 and 11, to insert the following: “18. (1) The arrangements for public participation on the review, preparation and amendment of a new MSP developed under this Act, and a review and amendment or replacement or revocation of the NMPF in place on enactment, and other relevant documents, shall be consistent with the requirements of...

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

Cian O'Callaghan: I move amendment No. 89: In page 29, to delete lines 18 and 19.

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

Cian O'Callaghan: Will the DMAPs provide for greater granularity and specification of an MSP? I ask the Minister of State to explain how the two interact. If the DMAPs are providing for further granularity and specification for an MSP, they will need to be developed consistently with the methodology requirements of the marine spatial planning directive and be properly approved by the Oireachtas. Will this...

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

Cian O'Callaghan: As regards a Minister or a local authority doing this, they have a certain level of democratic accountability, but State agencies are a couple of steps removed in that regard. They can have accountability to Ministers and so forth but different State agencies, Ministers and Departments will come at this with different perspectives. Some could be particularly tied or may not be so neutral in...

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

Cian O'Callaghan: I move amendment No. 88: In page 29, to delete lines 11 to 17 and substitute the following: “18. (1) The competent authority (M) shall, as soon as is practicable after enactment and for the purposes of ensuring compliance with the public participation requirements of Article 9 of the MSP Directive, and the Aarhus Convention in particular Articles 6, 7 and 3(1), prepare and publish...

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

Cian O'Callaghan: This is useful in terms of clarifying the issue. We could have a State agency whose sole remit is to maximise the amount of renewable wind energy. Under this legislation, it would be perfectly okay for that agency to assume the role of preparing designated marine area plans. Am I correct that that could happen?

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

Cian O'Callaghan: We could have a State agency whose remit it is to promote, maximise and facilitate renewable wind energy in our seas and marine areas, which is a perfectly legitimate and valid remit, but it could then be entrusted with this role. While under this process it would have to consider other things beyond renewable energy, marine biodiversity and so forth, my concern is that its focus would not...

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

Cian O'Callaghan: I appreciate that. My concern is that the remit that drives the particular agency might be a singular focus. I appreciate that to participate such agency or body would have to go through a process but allowing for that in legislation does not appear to me to be the best process. I completely understand the local authorities having that role but not the State agencies. The fact that it...

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

Cian O'Callaghan: In terms of safeguards, an agency or body would have to get ministerial sign-off and the approval of the Oireachtas to initiate.

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

Cian O'Callaghan: I am not clear from the legislation as to how far from real legislation the marine planning guidelines could go, but if we are basing an assessment on other planning legislation and guidelines for land use, we know that planning guidelines can be very far-reaching. The Minister can be far-reaching in what he can do within the guidelines. There are not sufficient limitations. Public...

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

Cian O'Callaghan: It is a misunderstanding to think these amendments are suggesting what the Minister of State has said they are. It was stated that these would mean a correction of a typo would require public consultation. That is a bit of a stretch and nobody would suggest that these amendments would mean that the correction of a typo would require public consultation. The general understanding is that...

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

Cian O'Callaghan: The point we are trying to make is that it should be set out in the legislation. For quite a long Bill, it has only eight short sections on ministerial guidelines, which is a relatively small amount of text. They do not flesh the consultation process and what engagement should and must be done. The level of discretion the Bill leaves is the issue I am raising. I would be more than happy,...

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

Cian O'Callaghan: I am confused by this. The word "comply" is used in the text. How is it a guideline to help the decision-making process if-----

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

Cian O'Callaghan: This is the bit that confuses me because in some circumstances the guidelines are a guideline while in another circumstance, they are about complying rather than being a guideline. Why are they all called guidelines when some are guidelines and some are really directives? If a body must comply, is that not the same as a directive? Why is it included in this part of the legislation? Why...

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

Cian O'Callaghan: If a European directive applies and it is mandatory, why would the Minister not issue a directive?

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

Cian O'Callaghan: It is information on how to comply with a directive. If the body must comply with a directive, why not issue a directive on how to comply?

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

Cian O'Callaghan: We did not discuss it. We discussed the others but not No. 50. I know they are all in one group but we did not discuss No. 50.

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

Cian O'Callaghan: We did not actually discuss Nos. 50 and 51. That is the point. We probably should have.