Amendments Nos. 1 to 9, inclusive, are related and may be discussed together.
Gas (Amendment) Bill 2023: From the Seanad
The Dáil went into Committee to consider amendments from the Seanad.
Seanad amendment No. 1:
Title: In page 5, line 8, after “2014;” to insert the following:
“to provide for the transfer of functions of the Minister for Housing, Local Government and Heritage by or under the Maritime Area Planning Act 2021 to the Minister for the Environment, Climate and Communications; to amend the Maritime Area Planning Act 2021 to provide for certain arrangements relating to the making of the marine planning policy statement and designated maritime area plans under that Act;”.
Amendments Nos. 1 to 9 are technical amendments that relate to the Title and citation. The Long Title is changed to reflect the inclusion of the transfer of maritime area planning functions from the Minister for Housing, Local Government and Heritage to the Minister for the Environment, Climate and Communications, certain arrangements relating to the making of the marine planning policy statement and DMAPs under that Act. Changes are made to the Short Title, collective citation and construction to account for these amendments.
I do not know how we have gone from this Bill that talks about the remit of Gas Networks Ireland to one that is now looking to transfer the functions relating to the Maritime Area Planning Act from the Minister for housing to the Minister for the Environment at the very last Stage. It seems extraordinary the Government is tacking on such a significant change without any discussion with the committee or any notification. It has just been added on like it is a small technical issue, as the Minister of State says, related to this. It seems extraordinary the Government is doing this; this is not the way we should be doing business. This is quite a significant change. I assume it is probably one that is warranted. I can understand the need or the wish to move it over to the Department of the environment, but it seems bizarre it is happening as an amendment to a gas Bill when it has nothing whatsoever to do with that and there is to be no discussion about it. There will be no discussion about what resources will be required, when it will happen or whether a regulatory impact assessment has been done on what is required to do this. This is not any way to do business, to be honest.
I wish to make the same point. Deputy Whitmore says she does not know how we have ended up here with a rhetorical piece, but if anything this is par for the course. We are bolting on a piece that is obviously an afterthought. There was a decision made that we need to reconfigure and shift responsibility from one Department to the other. There is merit in that, but it is safe to say we in Opposition have often found ourselves in the position where the Government brings in rushed legislation, which it is trying to drive through very quickly, and it does not want pre-legislative scrutiny of it while making Seanad amendments that are very significant. We have had, in this Dáil term, the experience of legislation coming forward as emergency legislation drafted in a particular way because the Government says we need to do it this way because if we do it any other way it will cause a problem for us in the future. The exact opposite has come to fruition, where we have had to come back with second and third redrafts of legislation and subsequent primary legislation because the initial piece was not well enough considered, well enough thought-through or well enough crafted. That is accepting the point that during this Dáil term we have found ourselves in difficult positions responding to crises here and crises there, but this is about a matter of good practice.
In this instance, it is also quite fundamental to what I would have thought is one of the Government's top priorities, namely, the infrastructure, architecture and apparatus to deliver on offshore wind and to do it in the right and sustainable way. If that is a major priority which I hope is shared across Government and across these Houses, then we should do it in a very different way. It is very frustrating that we find ourselves in this position. It is frustrating that we are doing this piece but not the marine protected areas legislation and we are also still waiting on those DMAPs. It is frustrating on this side of the House to constantly be put in this position. The Minister of State must acknowledge it is a bad way to do business.
I thank the Deputies for their comments. The decision to transfer these functions was taken by the Government at a meeting on 20 December 2023 and this is the earliest opportunity to enact that decision. It was introduced in the Seanad in previous weeks and debated there. It is a transfer of functions from one Department to another, the same as the rest of this legislation, which is also a transfer of functions from one body to another. It is designating that it will be the Department of the Environment, Climate and Communications which will be responsible for marine area planning. As Deputies know, the development of our wind farms is absolutely critical so we can address climate change as quickly as possible and it is important we get all the legal parts in place. As Deputy O'Rourke says, we still have to legislate for marine protected areas and for DMAPs and we are working on that. That is much more substantial legislation that will require a full debate. This is really a simple transfer of functions from one Minister to another.
Seanad amendment agreed to.
Seanad amendment No. 2:
Section 1: In page 5, line 13, after “(Amendment)” to insert “and Miscellaneous Provisions”.
Seanad amendment agreed to.
Seanad amendment No. 3:
Section 1: In page 5, between lines 17 and 18, to insert the following:
“(3) The Maritime Area Planning Acts 2021 to 2023 and Part 4 may be cited together as the Maritime Area Planning Acts 2021 to 2024 and shall be construed together as one.”.
Seanad amendment agreed to.
Seanad amendment No. 4:
Section 19: In page 12, line 28, after “(Amendment)” to insert “and Miscellaneous Provisions”.
Seanad amendment agreed to.
Seanad amendment No. 5:
Section 19: In page 14, line 5, after “(Amendment)” to insert “and Miscellaneous Provisions”.
Seanad amendment agreed to.
Seanad amendment No. 6:
Section 20: In page 15, line 11, after “(Amendment)” to insert “and Miscellaneous Provisions”.
Seanad amendment agreed to.
Seanad amendment No. 7:
Section 20: In page 15, line 25, after “(Amendment)” to insert “and Miscellaneous Provisions”.
Seanad amendment agreed to.
Seanad amendment No. 8:
Section 20: In page 15, line 32, after “(Amendment)” to insert “and Miscellaneous Provisions”.
Seanad amendment agreed to.
Seanad amendment No. 9:
Section 20: In page 17, line 20, after “(Amendment)” to insert “and Miscellaneous Provisions”.
Seanad amendment agreed to.
Tá leasuithe Uimh. 10 go 18 go huile le plé le chéile. Amendments Nos. 10 to 18, inclusive, are related and may be discussed together.
Seanad amendment No. 10:
New Section: In page 19, after line 6, to insert the following:
“PART 4
MARITIME AREA PLANNING ACT 2021
CHAPTER 1
Transfer of functions under Maritime Area Planning Act 2021
Definitions (Part 4)
22. In this Part—
“Act of 2021” means the Maritime Area Planning Act 2021;
“vesting day” means the day appointed under section 23 to be the vesting day.”.
These amendments create a new Chapter 1 to the new Part 4 within the Gas (Amendment) and Miscellaneous Provisions Bill. These provide for the transfer of Maritime Area Planning Act functions from the Department of Housing, Local Government and Heritage to the Department of the Environment, Climate and Communications. They preserve work completed to date on the south coast DMAP. The Attorney General determined that this transfer could not be completed through secondary legislation, as would normally be the case, because the transfer of the role of the Minister for Housing, Local Government and Heritage to the Minister for the Environment, Climate and Communications as regards the approval of DMAPs while the Minister for the environment is in the process of preparing a DMAP for the south-east coast could create a legal risk to that DMAP.
It is really important that we get this process of development of DMAPs right. The committee met with the Department. There is concern across the political spectrum that there is not enough capacity within the Department to do the DMAP work at the pace and scale required and that we could potentially fail to realise the opportunity that is there or to give a clear indication that Ireland is ambitious, particularly in the area of floating offshore wind. I appreciate the technical piece as regards ensuring this stuff does not hit a brick wall but we do need to move at pace and scale on the development of those DMAPs. We met with the Department. I believe a further discussion is needed. Additional resources may be required. There is a strong case for the State to get ahead of the game here. If additional resources are required, they should be made available.
That is a very reasonable point. I am glad the committee met with the Department to discuss this. The Government is aware it is critical there are sufficient staffing resources to provide for this new function, the designation of specific DMAPs, and that An Bord Pleanála has sufficient staff to carry out its function. It needs a whole set of new staff who have the qualifications and knowledge required to carry out marine area planning. I will speak to my Department again to discuss resourcing but we are aware of the issue. I am glad the committee spoke to the Department.
Seanad amendment agreed to.
Seanad amendment No. 11:
New Section: In page 19, after line 6, to insert the following:
“Vesting day
23. The Minister shall by order appoint a day to be the vesting day for the purposes of this Chapter as soon as practicable after the coming into operation of this section and a reference in this Chapter to the “vesting day” shall be construed as a reference to the day so appointed.”.
Seanad amendment agreed to.
Seanad amendment No. 12:
New Section: In page 19, after line 6, to insert the following:
“Transfer of functions to Minister
24. The functions conferred on the Minister for Housing, Local Government and Heritage by or under the Act of 2021 are transferred to the Minister on the vesting day.”.
Seanad amendment agreed to.
Seanad amendment No. 13:
New Section: In page 19, after line 6, to insert the following:
“Transfer of administration and business
25. (1) The administration and business in connection with the performance of the functions transferred by section 24 are, on the vesting day, transferred to the Department of the Environment, Climate and Communications.
(2) References to the Department of Housing, Local Government and Heritage contained in any enactment (other than this Act) in so far as they relate to the administration and business transferred by subsection (1) shall, from the vesting day, be construed as references to the Department of the Environment, Climate and Communications.”.
Seanad amendment agreed to.
Seanad amendment No. 14:
New Section: In page 19, after line 6, to insert the following:
“Pending legal proceedings
26. Where, immediately before the vesting day, any legal proceedings are pending to which the Minister for Housing, Local Government and Heritage is a party and the proceedings have reference to the functions transferred by section 24 the name of the Minister shall, to the extent that they have such reference, be substituted for the Minister for Housing, Local Government and Heritage in those proceedings or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.”.
Seanad amendment agreed to.
Seanad amendment No. 15:
New Section: In page 19, after line 6, to insert the following:
“Completion of certain matters commenced
27. (1) Anything commenced but not completed before the vesting day by or under the authority of the Minister for Housing, Local Government and Heritage may, in so far as it relates to a function transferred by section 24, be carried on and completed by the Minister.
(2) On and from the vesting day—
(a) any draft DMAP in preparation on the vesting day by the Minister in his or her capacity as a competent authority (D), shall be continued by the Minister in his or her capacity as the competent authority (M), and
(b) in relation to a draft DMAP referred to in paragraph (a), any action taken by the Minister in his or her capacity as a competent authority (D) prior to the vesting day shall be deemed to have been taken by the Minister in his or her capacity as the competent authority (M) for the purposes of section 29 of the Act of 2021.
(3) In this section—
“competent authority (D)” has the same meaning as it has in Part 2 of the Act of 2021;
“competent authority (M)” has the same meaning as it has in Part 2 of the Act of 2021;
“DMAP” has the same meaning as it has in the Act of 2021.”.
Seanad amendment agreed to.
Seanad amendment No. 16:
New Section: In page 19, after line 6, to insert the following:
“Operation of certain instruments
28. (1) Every instrument (including any certificate or licence) granted or made in the performance of a function transferred by section 24 shall, if and in so far as it was operative immediately before the vesting day, continue to have effect from the vesting day as if it had been granted or made by the Minister.
(2) Notwithstanding subsection (1), a designation made by the Minister for Housing, Local Government and Heritage under section 20 of the Act of 2021 prior to the vesting day shall cease to have effect on and from the vesting day.”.
Seanad amendment agreed to.
Seanad amendment No. 17:
New Section: In page 19, after line 6, to insert the following:
“Construction of references to Minister for Housing, Local Government and Heritage
29. (1) References to the Minister for Housing, Local Government and Heritage contained in any enactment (other than this Act) in so far as they relate to any function transferred by section 24 shall, from the vesting day, be construed as references to the Minister.
(2) References to the Minister for Housing, Local Government and Heritage contained in the constitution of any company in so far as they relate to any function transferred by section 24 shall, from the vesting day, be construed as references to the Minister.”.
Seanad amendment agreed to.
Seanad amendment No. 18:
New Section: In page 19, after line 6, to insert the following:
“Transfer of property, etc., to Minister
30. (1) All property, rights and liabilities held, enjoyed or incurred before the vesting day by the Minister for Housing, Local Government and Heritage in connection with any function transferred by section 24 are, on the vesting day, transferred to the Minister and, accordingly, without any further conveyance, transfer or assignment—
(a) the said property, real and personal, shall, from the vesting day, vest in the Minister,
(b) the said rights shall, from the vesting day, be enjoyed by the Minister, and
(c) the said liabilities shall, from the vesting day, be the liabilities of the Minister.
(2) All moneys, stocks, shares and securities transferred to the Minister by this section that, immediately before the vesting day, stand in the name of the Minister for Housing, Local Government and Heritage shall, upon the request of the Minister, be transferred into his or her name.”.
Seanad amendment agreed to.
Amendments Nos. 19 to 23, inclusive, are related and may be discussed together.
Seanad amendment No. 19:
New Section: In page 19, after line 6, to insert the following:
“CHAPTER 2
Amendment of Maritime Area Planning Act 2021
Amendment of section 6 of Act of 2021
31. (1) Section 6 of the Act of 2021 is amended—
(a) in subsection (4), by the substitution of “twelve months” for “six months”,
(b) in subsection (8), by the substitution of “marine planning” for “maritime planning”, and
(c) in subsection (9), by the substitution of “marine planning” for “maritime planning”.
(2) This section shall come into operation on the commencement of section 6 of the Act
of 2021.”.
These amendments create a new Chapter 2 of the new Part 4 within the Gas (Amendment) and Miscellaneous Provisions Bill. These directly amend the Maritime Area Planning Act 2021 to remedy issues related to the making of the south coast offshore renewable energy designated maritime area plan, DMAP, in the absence of a statutory marine planning policy statement and provide a mechanism allowing the Minister for the Environment, Climate and Communications, in his role as competent authority, to revise the DMAP on foot of the output of public consultation, appropriate assessment and strategic environmental assessment.
Chapter 2 to Part 4 deals with the amendments to the Maritime Area Planning Act 2021 to provide for certain arrangements relating to the making of the marine planning policy statement and designated maritime area plans. Amendment No. 19 inserts a new section 31 into the Bill, amending section 6 of the 2021 Act, which deals with the marine planning policy statement. Section 6(4) is amended to change the time after the commencement of section 6 of the 2021 Act within which the marine planning policy statement should be commenced. Sections 6(8) and 6(9) are amended to correct a minor error by substituting the term "marine planning" for "maritime planning".
Amendment No. 20, inserting a new section 32 into this Bill, adds a new section 6A to the Maritime Area Planning Act 2021 to provide that any reference in that Act or in the Planning and Development Act 2000 to a requirement to be consistent with, not to cause any significant inconsistency with, to ascertain whether there is any inconsistency with or to have regard to the marine planning policy statement is only applicable where a marine planning policy statement has been made and that its absence prior to the commencement of section 6 of the Maritime Area Planning Act 2021 or afterwards does not, in relation to these Acts, preclude a public body from performing any function or effect the validity of any Act, document or function nor does it affect the preparation, progression or finalisation of any document, procedure, application or review of an application.
Amendment No. 21 inserts a new section 33 into the Bill. It is a consequential amendment to section 10(3) of the 2021 Act which refers to regulation- and order-making powers.
Amendment No. 22 inserts a new section 34 into the Bill and amends section 21 of the Maritime Area Planning Act 2021 to specify that the designation of a competent authority is completed by order.
Amendment No. 23 inserts a new section 35 into this Bill and amends section 29(4) of the Maritime Area Planning Act 2021 to allow the Minister, as competent authority, to carry out the revision of a draft DMAP following compliance with sections 22 and 23 of the 2021 Act to take into account any relevant considerations arising from the public consultation, appropriate assessment and strategic environmental assessment carried out, as required by those sections, in respect of the draft, if necessary.
Seanad amendment agreed to.
Seanad amendment No. 20:
New Section: In page 19, after line 6, to insert the following:
“Provision relating to first marine planning policy statement
32. (1) The Act of 2021 is amended by the insertion of the following section after section 6:
“6A. (1) For the avoidance of doubt, following the coming into operation of this section—
(a) a section 6 requirement shall apply to a thing done under a specified Act during the period of twelve months referred to in section 6(4) only where the Minister has prepared and published the first marine planning policy statement under section 6 prior to the thing being done, and
(b) a thing done under a specified Act shall not be invalid by reason only of being done under a specified Act otherwise than in accordance with a section 6 requirement during the period of twelve months referred to in section 6(4) where the Minister has not yet prepared and published the first marine planning policy statement under section 6 prior to the thing being done.
(2) For the avoidance of doubt—
(a) a section 6 requirement shall not apply to a thing done under a specified Act prior to the coming into operation of this section, and
(b) a thing done under a specified Act prior to the coming into operation of this section shall not be invalid by reason only of being done otherwise than in accordance with a section 6 requirement.
(3) In this section—
‘section 6 requirement’ means an obligation or requirement for a thing done under a specified Act—
(a) to be consistent with,
(b) not to cause any significant inconsistency with,
(c) to ascertain whether there is any inconsistency with, or
(d) to have regard to,
the marine planning policy statement;
‘specified Act’ means—
(a) this Act, or
(b) the Act of 2000.”.
(2) This section shall come into operation on the commencement of section 6 of the Act of 2021.”.
Seanad amendment agreed to.
Seanad amendment No. 21:
New Section: In page 19, after line 6, to insert the following:
“Amendment of section 10 of Act of 2021
33. Section 10(3) of the Act of 2021 is amended by the insertion of “, 20” after “section 5(2)”.”.
Seanad amendment agreed to.
Seanad amendment No. 22:
New Section: In page 19, after line 6, to insert the following:
“Amendment of section 20 of Act of 2021
34. Section 20 of the Act of 2021 is amended—
(a) in subsection (1) by the insertion of “by order,” after “the Minister may,”,
(b) in subsection (3)—
(i) by the substitution of “proposes to designate by order a public body” for “proposes to designate a public body”, and
(ii) by the substitution of “shall not make the order” for “shall not so designate the public body”,
(c) in subsection (4)—
(i) by the substitution of “designate, by order, a” for “designate a”, and
(ii) by the substitution of “before making the order” for “before so designating it”,
(d) by the substitution of the following subsection for subsection (5):
“(5) An order amending or revoking an order designating a public body as a competent authority (D) may provide for any matters ancillary or consequential to such amendment or revocation.”,
(e) by the deletion of subsection (6), and
(f) in subsection (7)—
(i) by the insertion of “by order” after “designate”, and
(ii) by the substitution of “such order being made” for “such designation”.”.
Seanad amendment agreed to.
Seanad amendment No. 23:
New Section: In page 19, after line 6, to insert the following:
“Amendment of section 29 of Act of 2021
35. Section 29(4) of the Act of 2021 is amended—
(a) by the substitution of the following paragraph for paragraph (i):
“(i) section 24(1) shall be treated as if the words ‘and submit the draft to the Minister’ were deleted;”,
and
(b) by the insertion of the following paragraph after paragraph (i):
“(ia) section 24(3) to (4) shall be treated as being deleted;”.”.
Seanad amendment agreed to.
Seanad amendments reported.
Agreement to the Seanad amendments is reported to the House. A message will be sent to Seanad Éireann acquainting it accordingly.