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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: This is the intention.

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

Peter Burke: I accept that.

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

Peter Burke: I place value on the contributions the Deputies are making. I have been at pains to point this out.

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. 119: In page 42, to delete lines 3 and 4 and substitute the following: "(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may specify the particulars of the relevant data to which the Database applies that are to be entered in the Database.".

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. 120: In page 42, line 5, to delete "regulations under subsection (2)" and substitute "regulations under subsection (1)to which subsection (2)applies".

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. 121: In page 43, between lines 6 and 7, to insert the following: "CHAPTER 9 Delegations". Amendments 121 to 123, inclusive, collectively provide for the potential delegation of certain functions under the State Property Act from the Department of Public Expenditure and Reform to MARA in relation to the sale of the maritime area. Such sales might be appropriate in...

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

Peter Burke: The Department of Public Expenditure and Reform will remain the decision maker. MARA is carrying out the administration of the function. Existing provisions under the Department of Public Expenditure and Reform will remain in place and that Department will have the ultimate say on the disposal. We are not changing that. We are not giving the power to sell to MARA but the power to...

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

Peter Burke: As I have made clear, we are not changing the ownership. The provision relates to an administrative function MARA will be undertaking. To be absolutely clear, ownership is retained by the Department of Public Expenditure and Reform. However, we will look, in section 38, at the potential for setting an additional administrative function to strengthen that aspect. We can commit to doing...

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

Peter Burke: There is nothing new in this provision. It reflects what has been in place for 100 years. There is no change. It refers to the foreshore area.

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

Peter Burke: As I said, we will look at the administrative aspect. In terms of the State Property Act and the thresholds the sale of State property has to go through, that is not a matter for this Bill. It is set out in separate legislation. We can look at trying to get a brief on that for the committee.

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

Peter Burke: Certainly.

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

Peter Burke: That is a matter for the Department of Pubic Expenditure and Reform. We will look for clarification.

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

Peter Burke: I will come back to the Deputy with some general examples and a briefing. To be fair, it is different legislation and I do not have the details in front of me.

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

Peter Burke: Yes, it is everything out to 12 nautical miles.

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

Peter Burke: It covers everything State-owned out to 12 nautical miles. That is what applies at the moment; there is no change in this regard.

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

Peter Burke: Amendment No. 115 proposes to set out requirements of the respective directives. Those requirements are set out in the transposing legislation. It is not necessary to restate the detail in this legislation. In fact, as mentioned earlier, there is a risk of this proposal being considered a partial transposition and therefore legally defective or a risk of divergence or inconsistency between...

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

Peter Burke: It is subject to the detail set out in amendment No. 114, section 31. It is very clear from 31(1) to 31(5), inclusive.

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. 118: In page 41, line 31, to delete all words from and including “The” down to and including “satisfied” and substitute the following: “The Minister may by regulations specify the data to which the Database applies, being data that the Minister is satisfied—”. Amendments Nos. 118 to 120, inclusive, amend section...

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

Peter Burke: It will make available to the public information that is contained within the database.

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

Peter Burke: I have been clear that we are talking about the area up to 12 nautical miles.

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