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Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: Okay, so for want of doubt, the section is being inserted in addition-----

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: -----to the existing section 31.

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: Okay, and I see what the new section is doing. It must give explanations, essentially, to the public body that has been designated around why it is giving this direction and so on and so forth. Does it have to consult and notify the public about the intention to give a direction to the public body in this new section?

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: Thus it is only where there is a failure to comply.

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: This is not some new direction.

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: Okay, but is there a requirement to notify people of this?

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: To comply.

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: Would it be reasonable to ask, in the situation where such a direction is being given, that there be public notification of that fact?

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: I am just asking.

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: One of the problems we have had in several areas is the failure to implement EU environmental directives properly and proactively. Ireland has been caught out significantly for that, with Derrybrien being the obvious example. Ireland is paying €15,000 a day in fines as a result of that. I suspect we will find ourselves in serious trouble over the Donegal landslide. There is a...

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: On the final point made by the Minister of State, will the notification be after the direction is made or before notifying the public that there is an intention to make a direction? That may be specified in the wording of the Bill.

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: In an effort to fully interrogate that, why would one not, at least, notify an intention to make a direction?

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: I wish to be clear on this. In the context of the power of the Minister to issue a direction, is the only direction a Minister can give under this section a direction to comply with something he or she believes the competent authority is not complying with?

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: The Minister cannot issue a direction for any reason other than compliance.

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: We should wage war against clichés, by the way. Never say "kick the can down the road" again and never ever say "best in class".

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: The point is that it is consistent and compatible. That is a more proactive approach and the Minister of State should consider it. His point is that the rest of amendment No. 115 is unnecessary and already covered. I think that is what he is saying and we will consider his comments on that. However, the particular phraseology of "does not contravene" is definitely minimalist wording. I...

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: Can I come in?

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: It is actually new. I have a new point to make.

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: On another of the words in our amendment No. 115.

Select Committee on Housing, Planning and Local Government: Marine Planning Area Bill 2021: Committee Stage (Resumed) (4 Nov 2021)

Richard Boyd Barrett: We have not. We are just discussing it.

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