Fintan Warfield (Sinn Fein) | Oireachtas source

I am here to moan, complain and give out - shock horror. While Senator Garvey was speaking, I was reminded of looking over the edge at Loop Head in her home county of Clare. I looked down at the Atlantic and watched the whales for hours. That is a nice thought on this day.

I commend everyone in the Department who worked to prepare this mammoth Bill. I have never held a Bill so big. I commend the Oireachtas joint committee for all of its work, which I have been briefed on. I will start, as others have done, by acknowledging that the Bill is very complex. It will define all planning applications for an area seven times that of the State for 30, 40 or 50 years. This legislation has to ensure that the competing demands of biodiversity, our coastal communities and our fishing communities are balanced in a way that protects biodiversity and the interests of our coastal communities and fishermen and fisherwomen. It must ensure the greatest level of public participation in all aspects of planning. If we strike that balance correctly, the desire we all have to see significant progress in this area can be fulfilled.

On that point, we need robust consultation with our fishermen and fisherwomen. They are not opposed to offshore wind turbines or offshore energy generation but we all understand the historic failures they have had to endure and put up with. There is distrust there, as we all can appreciate.

I will turn to section 6, which relates to the marine planning policy statement. It says "the Minister shall from time to time prepare and publish in accordance with this section a statement [...] in relation to maritime planning by the State in the maritime area". Am I right in saying there is to be no public participation or input from sectoral organisations in the preparation of that policy statement? In his speech, the Minister said that he plans on developing a new marine planning policy statement following the enactment of this Bill. Will he address that concern? It was also raised by my colleague, Deputy Ó Broin, on Second Stage. He suggested that this could be in conflict with Article 15(2) of the Constitution and our obligations under the Aarhus Convention.

I will now turn to section 7(1), which states "the Minister may, at any time, prepare and issue marine planning guidelines to public bodies". Will any such guidelines be mandatory? Are they essentially directives? Does the Minister accept that there is a dire need for consultation and Oireachtas involvement in the issuing of such ministerial planning guidelines?

I will now turn to section 17, which relates to the requirements of maritime spatial planning. This section states "The Minister shall, not later than six years after the existing [national maritime planning framework] was first published, carry out a review thereof". Six years seems a very long way down the tracks.The best practice is that a review would take place within a year or shortly thereafter so why is the national marine planning framework review taking place six years afterwards and not much sooner?

Part 3 deals with the establishment of the marine area regulatory authority. The Minister in his comments indicates MARA is the physical embodiment of this Government's maritime ambitions and it will be transformational in Ireland's marine governance, creating a centre of excellence, independent decision-making and proactive enforcement. Will the Minister give us assurances about the level of staffing needed in MARA and how that full independence that he mentioned can be assured? This was mentioned by Senator Boyhan.

I know my colleague, Senator Boylan, will touch on the lag between the planning regime and marine protected areas legislation. I thank the Minister and his officials. This is a balancing act in protecting biodiversity and the interests of our coastal and fishing communities, as well as the need for the greatest level of public participation and consultation.