Results 3,481-3,500 of 8,016 for speaker:Peter Burke
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: Absolutely. If there is an issue or problem, you would consult widely in the development of guidelines. That would be as a matter of course. The Minister is not going to develop guidelines on the back of an envelope, say we have them and then ask if we need screening. They come about on the basis of a concern or an issue in the sector to which you are trying to respond.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: I am willing to be helpful here.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: The policy statement, as we discussed in the previous session, sits at the top of the hierarchy. That is in the terrestrial planning policy. It sets out the high-level objectives in terms of the way our planning system should perform in a sustainable manner. Sitting under that, we have the national marine planning framework and, in respect of onshore, the national planning framework. The...
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: That is correct, yes.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: The word "comply" is used in respect of advice on a specific element. This is on page 24. In sections 7(1), 7(2), 7(4) and 7(5) the words used are "have regard to" or "having regard to", whereas section 7(3) is a more specific element and the words used are "shall ... comply".
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: There are some parts of the guidelines which simply must be complied with. That is why the reference is included in the section. With European directives, there is no leeway and they must be complied with. That is why the word "comply" is used in the particular subsection.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: Essentially, yes.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: It is how a body complies with the directive.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: If the committee goes into private session for a moment, I will ask the officials to clarify this matter. It seems to be a major issue for some members. If they are agreeable, we will get technical guidance on it.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: It is because ministerial guidelines and directions are a ministerial function and that is why they are referred to in the Act.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: Absolutely.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: Just those, as they are ministerial functions.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: Is the Deputy referring to amendment No. 50?
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: I will read the technical text because the question does not make sense to me. Amendment No. 50 proposes to limit considerations to the policies set out in the marine planning policy statement, rather than the broader scope of the initiated text. As provided for in amendment No. 46, public bodies will already be obliged to have regard to the MPPS in the performance of their functions....
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: I do not know how many times I have clarified that the MPPS sits at the very top and is the high level objective. Let us be clear on that. It is high level and strategic. This is underneath it.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: It is detail, exactly. It is micro-precision.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: They are prepared by the Minister as is the MPPS, which is at the very top of the tree.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: Absolutely. That sets out the objectives at the very top but managing the performance is where the guidelines come in. High level objectives is where the MPPS is. This is done from that and is at a more micro level.
- Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (21 Oct 2021)
Peter Burke: I thank the Deputies. Amendment No. 53 obliges the guidelines to be subject to strategic environment assessment, SEA, and appropriate assessment, AA, screening. Amendment No. 62 obliges ministerial directives to be subject to SEA and AA screening and assessment. Section 31 of the initiated text already provides for both of the above to be subject to the necessary screenings and assessments....