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

Peter Burke: No.

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

Peter Burke: Only the reference will change.

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

Peter Burke: The existing section 31 will become a new number.

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

Peter Burke: The existing section 31 will become a new number. It is not being replaced.

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

Peter Burke: Yes.

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

Peter Burke: Yes.

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

Peter Burke: This is an enforcement mechanism and it is giving someone a direction to comply, so it is different. It is giving someone a direction. If he or she is not complying with legislation, it is an enforcement mechanism to do so. It is about oversight.

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

Peter Burke: Yes. It is oversight.

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

Peter Burke: No. It is oversight in terms of the capacity to direct some entity to comply.

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

Peter Burke: It is an enforcement mechanism. Section 31(5) details it as "notice in writing of ... [the] decision to the public body concerned".

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

Peter Burke: Yes.

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

Peter Burke: We can take a look at it and come back to it on Report Stage.

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

Peter Burke: I undertake to look at it and come back to it on Report Stage.

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

Peter Burke: An example could be, my officials tell me, an online database that marine is rolling out. That is just an example but it is difficult to predict. It is a catch-all area.

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

Peter Burke: Yes, it is evolving. That is an example.

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

Peter Burke: I committed to having a look at it just there with Deputy Boyd Barrett in connection with the direction that is issued.

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

Peter Burke: In the first instance, we have had a debate in terms of the directive and the legislation complying with same. I am happy, based on the advice I have received from my officials and the Office of the Attorney General, that it complies with both directives referenced in the earlier sessions. To transpose a directive word for word does not make for good or more robust legislation. That is our...

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

Peter Burke: It is after. It is at the end point that the direction is issued.

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

Peter Burke: Because it is being used as an enforcement measure. There is oversight by and safeguards for the Minister, but he must have enforcement powers to ensure the legislation and the planning policy have been complied with and, therefore, he must have the power and authority to issue the directive on that basis.

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