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

Eoin Ó Broin: Will the Minister of State give us a little bit of detail about that? It would be helpful to put that on the public record so that people know how the process will work.

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

Eoin Ó Broin: That is perfect.

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

Eoin Ó Broin: I move amendment No. 75: In page 28, line 5, to delete “colocation” and substitute “coexistance”.

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

Eoin Ó Broin: I move amendment No. 76: In page 28, between lines 6 and 7, to insert the following: “(e) to promote sustainable opportunities for the local fishing industry.”.

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

Eoin Ó Broin: I move amendment No. 77: In page 28, to delete lines 15 to 18 and substitute the following: “(a) consider economic, social and environmental aspects to support sustainable development and growth in the maritime sector, applying an ecosystem-based approach, and to promote the coexistence of relevant activities and uses, (b) contribute to the matters specified in paragraph 2 of...

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

Eoin Ó Broin: I move amendment No. 78: In page 28, between lines 18 and 19, to insert the following: “(5) The Minister shall ensure a full public consultation on the MSP, in line with the State’s obligations under the Strategic Environmental Assessment Directive and the Aarhus Convention.”. As the Minister of State will be aware, these amendments all deal with two key aspects of...

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

Eoin Ó Broin: I thank Minister of State for his reply. I do not believe that because what is proposed is innovative we are finding it difficult to understand. This suggests that somehow innovation is something that the Opposition cannot comprehend. It is because this is incredibly complex. The legislation does not lend itself to easy understanding of its outworkings, particularly when large aspects of...

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

Eoin Ó Broin: There is a list of questions that Deputy O'Callaghan and I have asked that have not been answered. I can go back over them. I thank the Minister of State for indicating the competent authority and I thank him for that clarity. I am not interrogating the public participation process for the national marine planning framework. I am looking at this legislation, which may outlive the...

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

Eoin Ó Broin: Yes, I asked a question relating to sections 18(2), (3) and (4).

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

Eoin Ó Broin: I am not being awkward. On the timeline, the public participation statement is triggered when the review happens. The review has to happen within six years. The Minister of State indicated it will happen sooner than that, but we do not know when. That means there could be a period of one, two or three years without that public participation statement. Meanwhile, marine spatial plans are...

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

Eoin Ó Broin: This is important for us in order that we and the public are clear on it. Will marine spatial plans only start to be developed following the triggering of the review of the national marine planning framework and the consequent publication of the public participation statement? If not, MSPs could be developed outside of a public participation statement.

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

Eoin Ó Broin: The MSPs can only happen after the triggering.

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

Eoin Ó Broin: No MSPs can be developed until after the review of the national marine planning framework is put in place and after the public participation process.

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

Eoin Ó Broin: I think the Minister of State is as confused as I am on this crucial point. If we understand the legislation right, the public participation statement only gets developed once the review of the national marine planning framework is instituted. We are trying to ascertain whether the MSPs, DMAPs or anything else can be developed before the review of the national marine framework is triggered...

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

Eoin Ó Broin: This is not a criticism of anybody in this room but the fact such a fundamental part of this entire architecture is unclear at this point in the conversation gives me some cause for concern. I understand "reasonable steps" is a formulation used. Surely it would be reasonable to have some indication of what "reasonable" is as otherwise, it is completely at the discretion of the Minister. On...

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

Eoin Ó Broin: I get that, but I much prefer the scope of action for Ministers to be written down somewhere, whether by way of regulations or legislation.

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

Eoin Ó Broin: We then have a consequent problem because section 18(5), in referring to the regulations I queried in section 18(4), provides that the Minister shall only "have regard to" the various measures rather than having to comply with them. The word "comply" is much stronger. Having listened to the Minister of State, I am more confused now than I was. I appreciate he will come back to us in more...

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

Eoin Ó Broin: I move amendment No. 79: In page 28, to delete lines 19 to 21 and substitute the following: "(5) A MSP shall— (a) in accordance with Article 8 of the MSP Directive— (i) identify the spatial and temporal distribution of relevant existing and future activities and uses in the marine waters of the Marine Spatial Plan the competent authority is preparing, which contribute...

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