Results 5,401-5,420 of 7,163 for speaker:Cian O'Callaghan

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I have an additional question on section 18(1), which states "The competent authority (M) shall, as soon as is practicable after section 17(2)(a) or (3)(a), as appropriate, applies following a review referred to in that section and for the purposes of ensuring compliance with Article 9 of the MSP Directive, prepare and publish" the public participation statement. Sections 17(2)(a) and...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: To clarify, I am not making any comment on the work done by the Minister of State and officials with respect to public participation so far. We appreciate a huge amount of work has gone into the area and we can see the Minister of State is very passionate about the work that has been done. We are taking a cold look at this legislation to see how it will operate with any Minister or group of...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I do not understand why Article 9 of the directive, to which the Minister of State referred, is not listed in section 17(1). Section 17(1) lists other articles in the marine spatial planning directive. It lists paragraphs 1 and 2 of Articles 6, as well as Articles 10, 11 and 12. Article 9, as the Minister of State noted, is about public participation. Given the importance of section 17 in...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: That is the Minister of State's read of it.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: However, when I read Article 9 and section 18-----

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: It may give effect, but Article 9 is quite specific. Why not list-----

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: No, absolutely not.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: Skilled as the Minister of State is, I am not asking him to do the impossible. I am asking for the legislation to be clear in order that it is not based on him or anyone else predicting what may happen in the future. I am looking for clarity in this legislation. Why not specifically reference Article 9 of the directive in this section? That would makes the Bill more robust.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I move amendment No. 80: In page 28, line 26, after "Article" to insert "9,".

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I move amendment No. 83: In page 28, line 31, to delete "six years" and substitute "one year". This amendment changes the review period for the national marine planning framework to within a year instead of the six years proposed in the Bill. The reason is that significant changes such as this need to be reviewed early so that any teething issues can be addressed. Six years is a long...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: From reading Article 9 and section 18, I do not see how the specifics of Article 9 are transposed. Section 18 all rests on the public participation statement, whereas Article 9 is specific on what needs to be done. We do not know what will be in this public participation statement. There is a list of things the Minister may specify as regards requirements. That is as far as section 18...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I move amendment No. 84: In page 28, line 32, after “thereof” to insert “in accordance with subsection (3)”. I will speak to this amendment and to amendment No. 85, just to move things along. They are not grouped, but this is a technical amendment relating to amendment No. 85.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: Amendment No. 85 sets out a list of factors that should guide the review of the national marine planning framework and who should be consulted during that process. The Bill does not require the Minister to consult as part of that process. This amendment seeks to create a situation whereby we will not have the Department checking its own work in this regard, and that is why we must have a...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I move amendment No. 85: In page 28, after line 39, to insert the following: “(3) The Minister, in conducting a review of the NMPF or an MSP, shall address the following requirements and considerations in respect of the NMPF for the existing NMPF and for a MSP in the case of a review of a MSP— (a) consult with— (i) the Minister with responsibility for Natural...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I move amendment No. 86: In page 29, line 2, after “thereof” to insert “in accordance with subsection (3)”. This amendment was not grouped with amendment No. 85, but I probably should have spoken on it then because it provides for the factors set out in that amendment to also be considered in the context of reviews of the maritime spatial plans.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I move amendment No. 87: In page 29, between lines 10 and 11, to insert the following: “18. (1) The arrangements for public participation on the review, preparation and amendment of a new MSP developed under this Act, and a review and amendment or replacement or revocation of the NMPF in place on enactment, and other relevant documents, shall be consistent with the requirements of...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I move amendment No. 89: In page 29, to delete lines 18 and 19.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: Will the DMAPs provide for greater granularity and specification of an MSP? I ask the Minister of State to explain how the two interact. If the DMAPs are providing for further granularity and specification for an MSP, they will need to be developed consistently with the methodology requirements of the marine spatial planning directive and be properly approved by the Oireachtas. Will this...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: As regards a Minister or a local authority doing this, they have a certain level of democratic accountability, but State agencies are a couple of steps removed in that regard. They can have accountability to Ministers and so forth but different State agencies, Ministers and Departments will come at this with different perspectives. Some could be particularly tied or may not be so neutral in...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (2 Nov 2021)

Cian O'Callaghan: I move amendment No. 88: In page 29, to delete lines 11 to 17 and substitute the following: “18. (1) The competent authority (M) shall, as soon as is practicable after enactment and for the purposes of ensuring compliance with the public participation requirements of Article 9 of the MSP Directive, and the Aarhus Convention in particular Articles 6, 7 and 3(1), prepare and publish...