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

Peter Burke: It is about the text that is being proposed.

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

Peter Burke: The point I am making is that what is being proposed is totally inoperable.

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

Peter Burke: Certainly not.

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 the Deputy could get that in what I have said. I am just making the point, very clearly, that we have it covered off through screening under section 31. I have been very clear here. To just liberally list off every single directive on each section of the Bill does not enhance the Bill. It makes it totally inoperable.

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

Peter Burke: We do not have to agree on too many points, we might start to get worried.

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

Peter Burke: Essentially, I am saying that it does not work.

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

Peter Burke: Absolutely it is from the point of view of coherent legislation. It is technically deficient. This is what I have said.

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

Peter Burke: The maritime spatial planning directive is all over the Bill. The Deputy does not need to pick parts out of it. It is all over the Bill.

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

Peter Burke: I respect the Deputy's view too.

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

Peter Burke: Those obligations rest on the Minister. They absolutely do.

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

Peter Burke: They rest with the Minister irrespective of the legislation.

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

Peter Burke: There is a significant danger of transposing other aspects that are not in the Bill. The Bill in itself is coherent in terms of section 31. Flowing from that, I have been clear that the technical deficiencies attached to listing all these various directives, which are not related or consistent with each other, in each section of the Bill does not make good legislation. They make the Bill...

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

Peter Burke: All the MSP directives are in Schedule 1.

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

Peter Burke: To be very clear, I, as Minister of State, am obliged under EU law to comply with all directives. That is a fact. We are obliged to adhere to and comply with all directives. No matter how much we tease it out or go into it I am being very clear in the response that those obligations are already in the Bill. Just because the Deputies want to repeat them in every section will not make this...

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

Peter Burke: Then it is reinforced through the courts. That is the reality.

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

Peter Burke: They have been transposed, where appropriate.

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

Peter Burke: Where appropriate, I understand.

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

Peter Burke: This Bill is the MSP directive. That is what we are referring to under this Bill.

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

Peter Burke: I am advised it is not relevant to this Bill.

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

Peter Burke: Can we reply to that question in writing?

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