Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I will not be accepting amendments Nos. 2 or 3. Sections 8 to 11, inclusive, refer to sections 177, 177Y, 177AB and 177AC of the Act of 2000. As stated in my opening address, Part XAB of the Planning and Development Act 2000 provides for consultation by the primary Minister under the Act, the Minister for Housing, Local Government and Heritage, with the Minister for Arts, Heritage and Gaeltacht - this was the title of the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media at the time of enactment - as to whether the compensatory measures specified by a competent authority are sufficient to ensure that the overall coherence of the Natura 2000 network, European sites, special areas of conservation and special protection areas are protected where the making of certain land use plans specified in the Act or the granting of consent for proposed development under the Act would adversely affect the ecological integrity of the European sites. It is proposed that it should still go ahead for imperative reasons of over-riding public interest.

Sections 8 to 11, inclusive, provide for the transfer and merger of the consultation functions of the Minister for Arts, Heritage and Gaeltacht under Part XAB of the Act to the Minister for Housing, Local Government and Heritage. On foot of this merger of functions and having regard to the functions and remit in this area, the National Parks and Wildlife Service, which is within the heritage division of the Department, will of course continue to be consulted to ensure any proposed compensatory measures are sufficient to ensure the overall coherence of the Natura 2000 network is protected.

Amendment No. 3 proposes that the Minister will consult with the Minister of State with delegated responsibility for heritage when performing his or her functions under the planning Act. It would not be feasible for the Minister to be required to consult with the Minister of State before a function could be exercised under the Act.Such a proposal would result in the planning Act of 2000 being unworkable. Therefore, I will not be accepting amendments Nos. 2 and 3.