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

Cian O'Callaghan: No. 114 changes section 31.

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

Cian O'Callaghan: Can we deal with the section and then take the rest?

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

Cian O'Callaghan: And the new section is also called "31".

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

Cian O'Callaghan: Okay.

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

Cian O'Callaghan: Then the amendment he is putting before us needs to change. It says subject to section 31. Will it be numbered 31?

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

Cian O'Callaghan: Okay.

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

Cian O'Callaghan: This amendment will be fine then, will it?

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

Cian O'Callaghan: If others are okay, I will move on to No. 113.

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

Cian O'Callaghan: Can we take the vote at the end of the group, as we usually do? They are grouped.

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

Cian O'Callaghan: As we are trying to clarify things, I am inclined to discuss them one by one. On amendment No. 113 which relates to section 30, I want to clarify something. Section 30(1)(a) to 30(1)(c), inclusive, reads: (a) the implementation of maritime spatial planning, (b) compliance with the National Marine Planning Framework, or (c) compliance with the State’s obligation under the MSP...

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

Cian O'Callaghan: Yes, it is catch-all.

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

Cian O'Callaghan: Okay. I will move to amendment No. 114 then if that is all right.

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

Cian O'Callaghan: There is the same consultation issue with section 31 which we have just discussed. If the Minister of State is willing to look at that, it is positive. My concern is the amount of latitude that is given here. I mention amendments Nos. 115 and 116.

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

Cian O'Callaghan: I know the Minister of State gave his response before we moved it but amendment No. 115 is about seeking to strengthen the language around our obligations under EU law. It is about ensuring we go further than simply not contravening EU law and directives such as the habitats and birds directives. We should have greater ambition than simply not to contravene. We should be ensuring our plans...

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

Cian O'Callaghan: I have a quick follow-up to my previous comments. As regards section 30(1)(a), my concern relates to the significant latitude its wording potentially provides. What are the limitations or what is the circumscription on that? Where in the legislation is that limited or defined in terms of what it means? There is a significant amount of latitude for almost anything-----

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

Cian O'Callaghan: I am referring to section 30(1), which states: The Minister may give a direction to a public body to adopt such measures as are specified in the direction relating to— (a) the implementation of maritime spatial planning The phrase "implementation of maritime spatial planning" is potentially extremely broad. Paragraphs (b) and (c) of the section are specific, but my concern is...

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

Cian O'Callaghan: On amendment No. 115, we are not trying to transpose the wording of the directives into the legislation. Through the amendment, we are seeking to ensure the word "compatible", which is the key thing here, is included in the legislation. That would strengthen the Bill. It is not a radical idea for it to be compatible.

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

Cian O'Callaghan: In the context of the word "compatible", it is not about the detail, per se, because we are not listing off the wording of the directives. It is about it being compatible with-----

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

Cian O'Callaghan: The word "compatible" is key here. Why would we not want the Bill and this section of it to be compatible with the directive rather than simply not contravening it? That is a significant difference. It is the nub of the issue here. From time to time, various Ministers and Government Deputies like to use the phrase "best in class". I will use Government language. Simply not contravening...

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

Cian O'Callaghan: The Minister of State thinks not contravening the directive is best in class.

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