Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 41:

"In page 37, to delete lines 33 to 39, and in page 38, to delete line 1 and substitute the following:

“(3) Where the Minister ascertains an inconsistency referred to in subsection (2), he or she shall—

(a) make a recommendation in writing to the competent authority (D) to amend the draft DMAP to address the inconsistency, or

(b) in relation only to an inconsistency in respect ofparagraphs (b) to(e)of subsection (2) give notice in writing to the competent authority (D) of the inconsistency and in that notice state that the draft DMAP does not need to be amended to avoid or mitigate the inconsistency,

as the Minister thinks fit in all the circumstances of the case, and shall state their reasons in full for such a decision.”."

The Minister of State signalled that there are all these other considerations in relation to DMAPS and mentioned section 24 in that regard. Section 24(3) is of real concern. Section 24(2) states that the Minister will ascertain whether there are inconsistencies between a draft DMAP and all of the aspects we have said are important, such as the MSP directive, the national marine planning framework and all of the different guidelines and policy directives. However, under section 24(3)(b), the Minister can write to a competent authority to say there is an inconsistency in a DMAP, that a DMAP is inconsistent with the MSP directive or with the national marine planning framework, but that it does not need to be amended. It states that the Minister is notifying the competent authority of the inconsistency but that the draft DMAP does not need to be amended to avoid or even mitigate the inconsistency.What is the point in telling us that section 24 has all these checks with which DMAPS will line up if there is a straightforward get-out clause where the Minister will say to a competent authority that an inconsistency can effectively be disregarded and that not only do measures not need to be in place to avoid it but that it does not even have to put in measures to try to mitigate the inconsistency? That is a serious concern.