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Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: I do not wish to be awkward in any way but given that we are in public session, it might be helpful if the Minister of State gave a little more information on the nature of that alignment.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: I do not doubt that but it is always good to have this on record.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: I move amendment No. 9: In page 17, between lines 12 and 13, to insert the following: " "ecosystems based approach" shall be construed in accordance with the term as used in both the Marine Strategy Framework Directive and the Maritime Spatial Planning Directive;". This amendment proposes the insertion of a definition in the relevant section of "ecosystems-based approach". It seems...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: This is one of the many occasions when the Minister of State’s superior background knowledge is going to be of great assistance to him. Will the definition of "ecosystems-based approach" in section 13(2) apply to all uses of an ecosystems-based approach or just those relevant to that section? I am more than happy to withdraw my amendment if the Minister of State is saying that...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: I was referring to the group of very smart people surrounding the Minister of State, as well as his own intimate knowledge of the Bill.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: I do not wish to be awkward-----

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: ----- but do we have, either somewhere else in this Bill or elsewhere in legislation, a legal definition of what that is? Is it merely the case that in the NMPF, there is a general definition in the context of the framework? Would that mean this does not have the same legal force as a legal definition for the purposes of the Bill?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: On the basis of the potential inconsistency between the two directives, as highlighted by the Minister of State, I am quite happy to withdraw this amendment. I ask the officials to look again at the issue of the definition and its legal standing. The only reason I might pursue this matter is that for a very long time, as I understand it, when we were talking about environmental protection...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: I move amendment No. 10: In page 17, between lines 17 and 18, to insert the following: “ “excluded consultation periods” means that the following days are not included in the counting of any public consultation provided for under this Act or required by any action or decision taken under this Act where they fall within the public consultation period proposed: (a)...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: While I cannot speak for the other signatories, I will be more than happy to withdraw the amendment on that basis. I ask only that in advance of the formal tabling of any potential Government amendments on Report Stage, the officials might engage with the signatories of this amendment in order that we will have sight of it beforehand and be able to decide whether we need to table Report...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: To be clear, will the Minister of State explain in plain English what is meant by a default boundary? I think I understood it from the technical definition he gave. Is it intended to ensure consistency of the boundary from one county to another?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: The Minister of State might let me test his geology and marine biology knowledge now. Ordinarily, how is the foreshore defined? I had presumed it was a physical thing with some presence. How will a default boundary respect the natural, geographical boundaries of the foreshore? Are they contiguous all the way?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: Will that create a potential unintended consequence such that in order for the line to be continuous where it crosses from one county to another and the natural geography is not continuous, there could be a reduction or extension of the foreshore beyond where it is naturally is? Does that make sense?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: That is fine. If, after a proper survey has been carried out, a reason is identified for it not to be continuous and the foreshore extends a little into another county, will that be taken adequately into account?

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: Yes, I apologise. I suspect that is not the last time we will make that mistake.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: I acknowledge that the Minister of State's officials will say including a list of prescribed bodies in the definitions could be described as an innovation, to be generous about it, but there is genuine concern among the public regarding the environmental and biodiversity implications of everything that will happen in our marine in the coming decades. I suspect the Minister of State will...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: I am not surprised by the Minister of State's response. I mean that respectfully. Part of the purpose of tabling the amendments is to give us the opportunity to raise issues. Where appropriate, it is important to see the organisations that are listed here in the regulations. It may be the view of the Minister or his officials that an organisation may not want to be consulted on a...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (19 Oct 2021)

Eoin Ó Broin: I move amendment No. 15: In page 20, line 7, after “record” to insert the following: “, but a record shall not be confused with information held, particularly for the purposes of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC or the Freedom of...

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