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

A number of points have been raised by the Senators. I will try to get through the ones primarily relating to the governance element of MARA first. I will then speak specifically to the elements raised by the Senators, in respect of local authority members in particular.I served 16 years on a local authority, was elected on four occasions and feel proud of the work we achieved in my time there. Local government has consistently proven itself, especially over the time of Covid. It stepped up and was counted. The Government and the three Ministers in our Department value the role of elected members at local level. They are critical to the success of our collective actions around climate and biodiversity amid the huge challenges we face into the future.

During the Committee Stage review of the Bill in the Dáil, Deputies were advised that to ensure confidence in the governance arrangements for the maritime area regulatory authority, MARA, a governance review of the establishing provisions was being undertaken. That review focused on the code of practice for the governance of State bodies to ensure that MARA is established applying a best practice approach to achieve the highest possible standards of corporate governance. The code of practice for the governance of State bodies covers such matters as the role of the board and chief executive, codes of conduct, ethics in public office, MARA's relationship with the Oireachtas, Minister and parent Department as well as business and financial reporting requirements.

The governance review was completed in advance of the Dáil Report Stage and a number of amendments were proposed on Report Stage and accepted which reflected the best practice recommendations arising from the review. Some of the amendments proposed on Report Stage related to terms of office of board members, placing the board as decision-maker with regard to the employment of chief executive officer and reducing the time for the production of corporate strategies from five years to three. I am fully satisfied that MARA as it is set out in the text now provided will operate with a best practice approach to governance from the first day of its establishment.

There may be requirements in the future to review the composition and corporate structure of MARA but that review should only happen once MARA has had the opportunity to show what it can achieve, when it has become operational and existed in a physical rather than purely legislative form. Following the governance review, I have assurances that MARA as provided for in the text is sound and balanced. I cannot accept these amendments, which seek to trouble this balance.

I will speak to the issues raised by Senators, particularly Senator Malcolm Byrne, who moved this amendment. On amendment No. 52, local authority members can apply for a chief executive role but if they are successful, they cannot hold both positions at the same time. They have to make a decision. Local authority members can and will be invited to sit on MARA committees, where they can have significant input at a local level. The issue of Dún Laoghaire has been raised, and that is where it is most important to have that local decision-making. The chief executive of MARA will review the governance arrangement and can review this again when appointed.

Another important point is that local authorities will be responsible for DMAPS in their own areas. This is devolving responsibility to local government where it matters, at local level. From the point of view of local authority members having a role on behalf of the communities they represent, the mechanism is there to do that. That should be recognised.

Senator Higgins raised democratic expression and access to justice. These themes have run throughout this afternoon's proceedings. I have an interest in and passion for that, particularly around Aarhus. In the early days before Aarhus was transposed into Irish law, I took cases around protection of costs in environmental actions taken by NGOs. This is core to our democracy, to what we are trying to achieve and to the function of NGOs and their participation. This Government has supported NGOs in their ability to carry out their work and be critical of Government. It is their right to do that. The support to ensure NGOs and communities play that vital democratic role in our planning system is important.

I cannot say enough about the role of elected members at local level. That role is hugely important and valuable.That has been shown time and again, both in our planning system and in how our development plans or policies come about. It is also part of what we are trying to achieve in the next decade and beyond. They have a vital role to play and they will do so in this space.