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

What needs to be highlighted here is that the State intends to create management plans for areas within the maritime area. It is not simply a case of defining a boundary and specifying what activity will take place in this zone. In its development, the management plan for the area must take into account all activities that currently use that area or could potentially use that area in the future. It must also take into account environmental aspects of the area. All data generated in this development will be collected under the ethos of collate once, reuse many times, and will be added to the maritime database as set down previously in the Bill. This is a considerable shift in how we protect an area, a tailored product that puts the environment at the heart of the management plan. Furthermore, all DMAPs will have to undergo screening for strategic environmental assessment and appropriate assessment.

Amendment No. 39 effectively seeks to apply the requirements of the national maritime spatial plan to what is the comprehensive subnational planning process, namely, DMAPs. It would, in my view, upset and interfere with the intention of the DMAP concept.

In accordance with section 20 of the Bill, DMAPs may be prepared in respect of specified activities for one or more than one designated geographical or sectoral area or for both. The procedures set out in the Bill are sufficiently flexible to enable the development of regional, local or sectoral plans by a designated competent authority subject to the oversight of the Minister for Housing, Local Government and Heritage and Oireachtas approval. DMAPs will be prepared in the context of the existing national marine planning framework and are required to specify the objectives of the national marine planning framework that it seeks to attain.

The DMAP concept differs from the national maritime spatial plan, which provides an overall framework for the entire maritime area, incorporating ecological, economic and social priorities. The national marine planning framework provides a holistic, overarching policy position in relation to the maritime spatial plan in Ireland and is the State’s primary response to commitments under the maritime spatial planning directive. DMAPs should not duplicate this but operate within the general framework and enhance it by responding to more specific maritime planning needs, be they sectoral or localised. It is, therefore, not appropriate to apply all of the requirements of a national marine plan to a sectoral or geographically specific plan as to do so would undermine the purpose and functionality of a DMAP.However, in accordance with section 21(4), it is the Minister's responsibility in reviewing a DMAP proposal to consider whether it satisfies requirements of the MSP directive and, again, when reviewing the draft DMAP.

In effect, the overarching objective of this amendment to comply with certain provisions is provided for by reference to the NMPF in sections 21, 22 and 28 and the MSP directive in sections 20, 23, 24 and 28. In addition, the requirements referred to in section 17(1) will already flow through from the NMPF and MSP in any event. While they may not be applicable to every DMAP being proposed, where they are relevant they will absolutely be adhered to.

In short, these amendments, as proposed, would undermine the flexibility required for the DMAP concept and are not necessary and, as such, I am not in a position to accept them.