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

I will give the response and just try to specifically address the concerns that were raised by both Senators.

Again, this amendment conflates the MSP directive with the marine strategy framework directive and seeks to up-end the implementation of one over another. Both will need to be provided for in the Irish Statute Book. We know that and we are acting on same.

On marine protected areas, the progress to deliver the commitments contained in the programme for Government has been significant and encouraging. Following on from the independent expert advisory group, which was led by Professor Crowe, a report was published in January of this year. In tandem with the review and analysis of the huge amount of submissions that were received through the subsequent public consultation process from February to July, we have now commenced work on developing a general scheme for the new marine protected area legislation. The development of this legislation is expected to continue into 2022. Officials from my Department provided a progress update on marine protected areas to the Oireachtas Joint Committee on Housing, Local Government and Heritage at the end of November. I urge Senators to read the transcript of that contribution because it gives significant reassurances concerning the common thread that we have spoken about here this afternoon. I refer to the interrelatedness of these policies, Bills and legislation.

The substance of the amendment is about the protection of the marine environment. It requires that nothing happens in the maritime area until such time as interim measures are put in place to protect these potential MPAs. First, I am not sure that the Senators fully appreciate the impact of this amendment on local coastal communities. I have said previously that this Bill is for all maritime users. This amendment would have significant and severe consequences on local fisheries, ports, harbours, tourist facilities, local boat clubs and persons who privately own parts of the current foreshore. None of these could be expanded, amended or improved until the work referred to in this amendment was completed. Existing rights under Part 15 of the Planning Act could be lost. Where is the justification for this severe action? Where is the timeline for these measures? How will the public know when they can start to interact with their maritime area again? There is an overreach here that impacts all maritime users, the net has been cast too widely in our view and please excuse the pun.

Second, there is no definition of exactly what these interim measures are or how they would interact with the relevant provisions in either the MAC assessment criteria, or the criteria that coastal planning authorities and An Bord Pleanála must have regard to when assessing planning applications. There is no indication as to how they would relate to the maritime licensing system being proposed, which is separate from both the MAC and planning parts. This is extremely important from a legislative point of view. How would it work? It appears that there are no express obligations to have regard to these so-called interim measures in decision making and no further thought put into their operation.

Third, the amendment presumes that there are currently no environmental protections in the maritime area and this is not the case. Not only are there existing designated European sites, the NMPF, which is a live and implemented plan, contains a suite of environmental policies to ensure that applicants and decision makers alike clearly demonstrate in a detailed and objective way how proposals can co-exist with the marine environment. I would draw the Senators' attention, in particular, to Chapter 5 of the NMPF in this respect. We have said continuously that any application in the maritime area will be subject to rigorous environmental assessments commensurate with the nature and scale of what is being proposed and where it is being proposed. This can and will be added to through the designated maritime area plan process in a new and innovative way. Indeed, I have previously committed to looking at how this can be done. The DMAPs will form part of the decision-making policy framework as legislated for but we need an operable Act in order to do that.

I will not accept an amendment that not only affects so many maritime users without any indication as to when they might be allowed to resume their plans for their local coastal communities, but also runs contrary to other work that my officials are currently undertaking to implement the marine strategy framework directive. I oppose the amendment. Again, I urge Senators to read the transcript of the meeting of the Oireachtas joint committee that took place in November. I urge Senators to read the contributions made by our marine environmental unit. Significant assurance was given in that regard in terms of marine protection and how all of these plans are interrelated.