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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: Can we reply to that question in writing?

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

Peter Burke: Yes.

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

Peter Burke: It is a plan.

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

Peter Burke: Let us be clear for the avoidance of doubt. It absolutely is a plan, and flowing from that will be DMAPs and area plans. The Deputy should be under no doubt - it is a plan for how we develop and govern our maritime area into the future. This is the first time that we have a coherent, strong and robust plan in that regard.

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

Peter Burke: That is why I said it was the first time. The Deputy might note that.

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

Peter Burke: I reaffirm that the national marine planning framework covers every single inch of our marine area. It is the first of its kind, robust and very strong. There is no plan in the State as detailed as the NMPF. Large plans, for example, DMAPs, will flow from it.

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

Peter Burke: Amendment No. 63 proposes to limit directives inappropriately to policies set out under the MPPS. This is an inordinate restriction and would preclude the issuing of directives on other necessary matters, such as where new domestic or European case law has clarified the operation of a procedure or EU directive and public bodies need to be instructed accordingly to ensure legally robust...

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

Peter Burke: If a legal decision is taken, the public body must comply with it. It is up to the Minister to make a direction to instruct it to comply with policy on foot of a legal decision taken.

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

Peter Burke: The amendment limits action to policies set out in the policy statement.

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

Peter Burke: The issue is that we need to capture any change. It could relate to DMAPs or any other area. That is the important point. We need to capture any change, not limit our capacity in this regard, as the amendment would do.

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

Peter Burke: Yes.

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

Peter Burke: That is true but, in theory, a directive could affect something sitting under the high-level policy statement and we need the capacity to respond to that.

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

Peter Burke: Exactly. We need to be agile and not just limit the scope of action to the policy statement.

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: It is highly unlikely, but I understand it is possible. We are getting into "What ifs", which are difficult to predict.

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

Peter Burke: For example, the situation regarding oil and gas has changed in the six-year period since the statement was issued. We are not continuing any exploration, which is a significant change.

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

Peter Burke: That is an example of a significant change to a matter that was referred to in the MPPS. If a directive came through to the effect that we were no longer continuing with exploration, it would have to be revised.

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

Peter Burke: Yes. I have said that.

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

Peter Burke: I thank the Deputy for the generous proposal. Amendment No. 68 proposes to limit directives exclusively to environmental matters, going even further than previous proposed amendments. Directives under this proposal could not even clarify matters set out in the MPPS. This is the Maritime Area Planning Bill. Directives will issue from the marine spatial planning Minister, and the Minister...

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