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

Amendment No. 41 seeks to limit the Minister's ability to issue a direction in respect of a DMAP. It would specifically limit the Minister’s ability to not require an amendment to a draft DMAP to those matters referred to in the preceding subsection that are not in the MSP directive. In other words, where there is an inconsistency with the MSP directive, the Minister must require an amendment to the draft DMAP if it is issuing a direction on that basis. The Minister has a responsibility to comply with the directive.

This matter was discussed at great length on Dáil Committee Stage. The Minister cannot issue a direction that would run contrary to the MSP directive. While I understand where the Senator is coming from in this case, or at least her intention, this amendment is wholly unnecessary. If there were a serious inconsistency between the DMAP and the MSP directive, the Minister of the day would have to act accordingly. That is a given.

This amendment would essentially tie the Minister’s hands from issuing certain directions, if the Minister finds inconsistency with compliance which differs from different parts of the MSP directive that would not perhaps amount to a direct contravention of the directive or that could be resolved some other way than amending the draft DMAP, such as perhaps amending the public participation statement or engaging in further consultation. It is our view that this amendment is not only unnecessary, but that it is inappropriately limiting and confusing, because it carves out a specific reference to the MSP directive. In that regard, I cannot support this amendment.