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

Eoin Ó Broin: I get that.

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

Eoin Ó Broin: For clarity, is the Minister of State suggesting that there could be any guideline that would not be compliant with the relevant requirements?

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

Eoin Ó Broin: That is okay.

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

Eoin Ó Broin: It is a simple technical question. Is it the case all articles of both the marine spatial planning directive and the marine strategy framework directive have been transposed into Irish law? Are there any aspects of those directives that have yet to be transposed? Is that what the problem is here?

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

Eoin Ó Broin: Fully?

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

Eoin Ó Broin: Okay. I am not trying to drag this out but my question is specific. Are there any aspects of either of those two directives that have not yet been transposed?

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

Eoin Ó Broin: Okay. All I am asking is are there any aspects of either the marine spatial planning directive or the marine strategy framework directive that have not yet been transposed?

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

Eoin Ó Broin: Then I assume the answer is "No".

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

Eoin Ó Broin: Absolutely. I am aware it is a big question. I am genuinely trying to understand and listen to the arguments. If there are clearly bits of these directives that the Minister of State or his officials believe are not relevant to this Bill and that have not yet been transposed, then I can understand some of the comments he has made. If he could respond in writing before the next meeting of...

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

Eoin Ó Broin: Yes.

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

Eoin Ó Broin: I move amendment No. 59: In page 25, lines 8 and 9, to delete all words from and including “, have regard to the matters listed in section 6(3)(a) to (f).” in line 8 down to and including line 9 and substitute the following: “(a) act consistently with the matters listed under section 6(3)(a) to which the Minister is to act consistently with, and have regard to the...

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

Eoin Ó Broin: I move amendment No. 60: In page 25, between lines 9 and 10, to insert the following: “(9) The Oireachtas when considering any proposed guidelines, or amendment or revocation of a guidelines under this section, either within a committee of the Oireachtas, or when either House considers motions in relation to a proposed maritime policy statement shall act consistently with the...

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

Eoin Ó Broin: I move amendment No. 61: In page 25, between lines 15 and 16, to insert the following: “(3) The Minister shall always conduct a public consultation on the making of policy directive, or any amendment to or revocation of policy directives under this section.”.

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

Eoin Ó Broin: I move amendment No. 62: In page 25, between lines 15 and 16, to insert the following: "(3) The Minister shall ensure any new policy directives, or revocation or amendment of policy directives made under this section, shall first be subject to a screening determination for both Strategic Environmental Assessment and Appropriate Assessment, and such assessments shall be conducted where the...

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

Eoin Ó Broin: I move amendment No. 63: In page 25, between lines 15 and 16, to insert the following: "(3) The Minister shall ensure any new policy directives, or revocation or amendment of policy directives made under this section, shall be limited in accordance with the policies in the maritime planning policy statement.". In the same way that it was helpful for the Minister of State to clarify the...

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

Eoin Ó Broin: Will the Minister of State explain how the second part of his answer relates to the first part, which is that directives are related not just to policy but also to procedural matters, particularly arising from legal decisions and so on?

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

Eoin Ó Broin: Okay, but how then does the amendment restrict the Minister in that regard? I fully accept the Minister of State's point regarding the policy implication arising from a court decision.

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

Eoin Ó Broin: However, it is to be hoped that any legal decision would not contradict the policies in the MPPS. Such a decision would have to do with the failure of a public body, for instance, to adhere to the policy statement. How would this amendment, requiring compliance with the policies outlined in the statement, be undermined or challenged by a court decision?

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

Eoin Ó Broin: Is it the Minister of State's concern that we are limiting it to the MPPS?

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

Eoin Ó Broin: However, is it not the case that all other aspects, including the DMAPs, the marine spatial plans or whatever else, have to sit under the MPPS? There should be nothing in those other aspects that is not consistent with the policy statement. They should include much more global, granular detail but they should not be inconsistent with it.

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