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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: Deputy O'Callaghan said it first.

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

Peter Burke: I have listened to Opposition Deputies on many occasions through this process. We have taken suggestions from them and I will do so, where I can. However, if we look at the language the Deputies are trying to introduce, the word “compatible” is subjective. It is the same with “full public consultation”. It leaves everything open to legal challenge down the road...

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

Peter Burke: I move amendment No. 113: In page 40, to delete lines 8 and 9 and substitute the following: “(2)(a) A direction under this section shall be in writing and may apply to one or more than one public body. (b) The Minister shall cause a direction under this section to be published on a website of the Government at the same time as it is given to the public body concerned or as soon as...

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

Peter Burke: I move amendment 114: In page 40, between lines 12 and 13, to insert the following: “Steps preliminary to deciding whether or not to issue direction under section 30 31.(1) This section applies where the Minister is minded to give a direction under section 30(in this section referred to as the “direction concerned”) to a public body (in this section referred to as...

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

Peter Burke: I move amendment No. 117: In page 40, to delete lines 27 to 31 and substitute the following: “(a) the marine planning policy statement; (b) guidelines issued under section 7; (c) policy directives issued under section 8; (d) each draft MSP; (e) each draft DMAP; (f) a proposed material amendment under section 28.”.

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 must get the legislation through and it will be a decision for the Government to proceed then. In essence, it will be more specifically set out in the regulation. It was too broad and encompassed, for example, the registration of all sea captains. We are carrying a new robust process by instructing other bodies to give us information which we will make publicly...

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

Peter Burke: Section 34(1)(a) details the type of data as any authorisation that "takes the form of a licence, consent, approval or any other type of authorisation". It is very clearly laid out.

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

Peter Burke: Essentially, we are putting the information into a one-stop shop.

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

Peter Burke: That is exactly it. It is trying to have the best, most transparent process for the maritime jurisdiction, which we will all coexist in and use. That is a key point. We want to be as transparent as we can. This is new in terms of instructing bodies to make information available to the public in a one-stop-shop process. That is what we are trying to do. That is clearly contained within...

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. Any supporting data at all.

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

Peter Burke: Submissions are one thing; lobbying is regulated under the lobbying legislation. It is a separate piece of legislation. We already referred to freedom of information and lobbying as coming under different legislation.

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

Peter Burke: Information leading to the decision-making process will all be contained in it.

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

Peter Burke: Every input in terms of the decision-making process will be included.

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

Peter Burke: Lobbying is controlled under the Regulation of Lobbying Act. A lobbyist has the obligation-----

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

Peter Burke: We are getting into semantics here. The lobbying legislation is very clear in terms of the obligation it places upon the lobbyist to comply with the legislation and publish details of what lobbying took place. That legislation is different from what we are dealing with here.

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

Peter Burke: Absolutely. It is all in one place and that is the lobbying Act. I can see where the Deputies are coming from with regard to putting lobbying requirements in every piece of legislation. I have been through the Land Development Agency Act and other legislation. There is one piece of legislation that governs lobbying and the obligations of entities to comply with it. What we are doing here...

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

Peter Burke: Every single thing that leads to a decision on an authorisation will be captured.

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

Peter Burke: Our intention is to collect once and reuse many times. The idea is to make available everything we possibly can.

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