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

Eoin Ó Broin: Will the Minister of State explain how the second part of his answer relates to the first part, which is that directives are related not just to policy but also to procedural matters, particularly arising from legal decisions and so on?

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

Eoin Ó Broin: Okay, but how then does the amendment restrict the Minister in that regard? I fully accept the Minister of State's point regarding the policy implication arising from a court decision.

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

Eoin Ó Broin: However, it is to be hoped that any legal decision would not contradict the policies in the MPPS. Such a decision would have to do with the failure of a public body, for instance, to adhere to the policy statement. How would this amendment, requiring compliance with the policies outlined in the statement, be undermined or challenged by a court decision?

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

Eoin Ó Broin: Is it the Minister of State's concern that we are limiting it to the MPPS?

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

Eoin Ó Broin: However, is it not the case that all other aspects, including the DMAPs, the marine spatial plans or whatever else, have to sit under the MPPS? There should be nothing in those other aspects that is not consistent with the policy statement. They should include much more global, granular detail but they should not be inconsistent with it.

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

Eoin Ó Broin: I will accept that.

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

Eoin Ó Broin: Is the Minister of State saying that it may be possible for a policy directive to be issued that would not be in accordance with the maritime planning policy statement? Surely all directives, irrespective of whether they detail DMAPs or MSPs, have to be in accordance with the policy statement.

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

Eoin Ó Broin: I accept that although, given the nature of these matters, we have to try to hypothesise. The Minister of State is saying on the record that a directive that is not in accordance with the maritime planning policy statement, which is the overarching statement sitting above all of this architecture, is possible. That is a big admission even though it may-----

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

Eoin Ó Broin: Explain that a little more so that I understand it.

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

Eoin Ó Broin: Yes.

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

Eoin Ó Broin: I move amendment No. 64: In page 25, to delete lines 16 and 17 and substitute the following: “(3) The Minister shall— (a) cause a copy of the proposed policy directive or amendment or revocation of a policy directive prepared under this section, to be laid before each House of the Oireachtas, together with any environmental assessment reports prepared thereon pursuant to...

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

Eoin Ó Broin: I move amendment No. 67: In page 25, line 20, after “published” to insert the following: “on a website of the Government and additionally, in such manner as he or she considers appropriate, policy directives issued under this section, where such additional publication will provide benefit and clarity for the public and/or promote environmental protection.”.

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

Eoin Ó Broin: I move amendment No. 68: In page 25, between lines 21 and 22, to insert the following: “(6) The Minister, in making policy directives under this section, shall be limited to matters concerned with environmental conservation or environmental protection of marine biodiversity and avian species.”. The Minister of State's officials probably told him privately that this was a...

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

Eoin Ó Broin: None of that surprises me. I am not asking the Minister of State to give us an exhaustive list of every area that such policy directives would include, but could he give us a flavour of the kinds of area? Some of us know what most of them would be from reading the Bill, but it would be helpful if the Minister of State put them on the public record.

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

Eoin Ó Broin: I accept that, and my question was not to go into so fine a level of detail, but since the Minister of State used the word "pillars", what other pillars are we talking about?

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

Eoin Ó Broin: I thank the Minister of State.

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

Eoin Ó Broin: I am happy to withdraw it.

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

Eoin Ó Broin: I move amendment No. 69: In page 25, to delete lines 22 to 24 and substitute the following: “(6) The Minister shall, in preparing, amending or revoking policy directives under this section— (a) act consistently with— (i) Article 1 of the Maritime Spatial Planning Directive establishing marine spatial planning to promote within the State, the sustainable growth of...

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

Eoin Ó Broin: I move amendment No. 70: In page 25, lines 23 and 24, to delete all words from and including “have” in line 23 down to and including line 24 and substitute the following: “(a) act consistently with the matters listed under section 6(3)(a) to which the Minister is to act consistently with, and have regard to the matters which the Minister is to have regard to under...

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

Eoin Ó Broin: I move amendment No. 71: In page 25, between lines 27 and 28, to insert the following: "(8) The Oireachtas, when considering any proposed policy directive, or amendment or revocation of a guidelines under this section, either within a committee of the Oireachtas, or when either House considers motions in relation to a proposed maritime policy statement shall act consistently with the...

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