Maritime Area Planning Bill 2021: Committee Stage
Seanad Éireann — 2021-12-14
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Alice-Mary Higgins (IND), National University of Ireland

I do not know if I will be able to jog Senator Cummins's memory. I would say that if we are being honest, we must be honest and factual about what has delayed this process. The failure to get the process right and deliver it properly has often contributed to delays. In the area of forestry, we know the issue was that Ireland was found not to have done proper environmental impact assessments and used other environmental tools. Those tools and obligations were there but Ireland did not use those tools or meet those obligations. That is what led to the position whereby it was being reviewed and whereby the forestry appeals committee was getting a number of appeals.
As the then Minister with responsibility for agriculture acknowledged in this Chamber, the European Union rightly called Ireland out for not applying a proper process at the beginning. This is a case of the more haste, the less speed. If we get the process right at the beginning, we will get better outcomes, people will be happier with the decisions and we get more buy-in from people on major shifts in marine policy, which we may have.
Similarly, judicial reviews only review whether a process was done properly. They are not differences of opinion about a judgment but challenges to whether the proper process was conducted. An Bord Pleanála consistently loses judicial reviews because it does not apply the proper process. It is constantly found to have disregarded an EU directive here, to have glossed over an obligation there or to have skipped a stage in the consultative process somewhere else. We are trying to help in order that we have better and clearer planning that anticipates the issues that will arise and where people will get it right earlier. That is the whole issue and the goal. Ultimately, that will speed up the making of good decisions that stand.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2021-12-14/debate/main
Retrieved: 2026-08-14T04:49:57+00:00
Sitting date: 2021-12-14