Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

Section 35 amends section 212 of the principal Act, which refers to developments by planning authorities. This is an enabling provision to allow such authorities to take proactive steps to protect areas of ecological importance. Much like the other provisions of section 212 of the principal Act, it remains within the discretion of a planning authority to take such measures as it sees fit. Where European, national or local nature sites are threatened, local authorities must have the ability to intervene, where appropriate, to create, manage or restore such sites. This corresponds with the biodiversity responsibilities of local authorities.

As indicated on Committee Stage, local authorities have an important role - indeed a responsibility - to ensure that Ireland complies with its obligations under EU nature conservation law. As pointed out on Committee Stage, section 212 of the principal Act, which section 35 amends, is an enabling rather than an obligatory provision. The proposed new provisions will provide local authorities with an additional set of tools they can use, where warranted, in order to protect the natural heritage in their areas. For these reasons, I cannot accept the amendment.