Planning and Development (Amendment) Bill 2016: Report Stage (Resumed) and Final Stage

Government amendment No. 46:
In page 56, to delete line 32 and substitute the following:
“(b) in subsection (8), by—
(i) substituting “, student accommodation units or shared accommodation units”for “or student accommodation units, or both, as appropriate,”, and
(ii) substituting “gross floor spaces” for “internal floor spaces”.”.
Amendment agreed to.
Government amendment No. 47:
In page 57, between lines 8 and 9, to insert the following:
“(i) by substituting the following subparagraph for subparagraph (i):
“(i) specifying the location of the proposed development and containing a brief description of the proposed development, including a description—
(I) of the number of houses, student accommodation units or shared accommodation units of which the proposed development is intended to consist, and
(II) in the case of student accommodation units or shared accommodation units, of—
(A) the combined number of bed spaces of which the proposed development is intended to consist, and
(B) any other uses to which those units are intended to be put,”,”.
Amendment agreed to.
Government amendment No. 48:
In page 57, between lines 30 and 31, to insert the following:
“Amendment of section 13 of Act of 2016
35. Section 13 of the Act of 2016 is amended by the deletion of paragraph (d).”.
Amendment agreed to.

Amendments Nos. 49 and 52 to 54, inclusive, are related and may be discussed together.

Government amendment No. 49:
In page 58, between lines 11 and 12, to insert the following:
“Definition
36. In this Part “Act of 2015” means the Urban Regeneration and Housing Act 2015.”.

This group of amendments relates to the vacant site levy provisions in the Urban Regeneration and Housing Act 2015. As Members will be aware, the 2015 Act introduced the concept of the vacant site levy for the purpose of incentivising the development of vacant and underutilised sites and urban areas for housing and regeneration purposes. It was with the intention of bringing such sites back into beneficial use, ensuring a more efficient return on State investment in infrastructure and helping to counter urban sprawl.

Amendment No. 53 inserts a new section into the Bill to amend the 2015 Act by substituting a new section for the existing section 16 relating to the rate of the levy and provides for three key changes. An increase in the rate of the levy was first signalled in budget 2018. It is proposed to increase the rate of the levy from 3% to 7% of the market valuation of the relevant sites from January 2020, reflecting sites included in the vacant sites register in 2019. The proposed increase aims to ensure the levy will be more aligned with the increase in house price inflation in recent years, thus having a more meaningful impact, while also helping to counter land hoarding. As the increase will not take effect until 2020 for sites on the register in 2019, the amendment also provides advance notice for site owners of the increased levy rate that will be applicable in 2020.

As mentioned, the 2015 Act provides for a reduced rate of the levy that can be applied in specific circumstances. These arrangements were introduced in different economic circumstances. In light of the improved economic circumstances since the passage of the 2015 Act and for the purposes of further strengthening and tightening the vacant site levy provisions, the second key change is that it is proposed to remove the relevant reduced levy rate provisions in section 16 of the 2015 Act.

It is also proposed to provide that the Minister may, by regulations, vary the levy rate by a reduction or an increase, with the levy rate not to exceed the 7% set out in this legislation. In making such regulations it is proposed that the Minister be required to have regard to increases or decreases in property prices and relevant property related information as published by the Central Statistics Office.

Amendment No. 52 inserts a new provision into the Bill amending section 5 of the 2015 Act. Section 5 contains a definition of a vacant site – for residential and regeneration land, respectively - for the purposes of the application of the levy. The amendment proposed relates to the clarification of what constitutes "vacant and idle" lands for the purposes of the vacant site levy on residential land. This is to address the situation where developers or land speculators could hoard residentially zoned land and avoid the levy liability by leasing it or putting it to use for a non–residential purpose, for example, farming, by claiming that the land is not vacant or idle for the purposes of the levy. It is proposed that a site on residentially zoned land shall be regarded as vacant if it is "vacant or idle" or if it is not being used primarily for the purpose for which it has been zoned, that is, the provision of housing, where the most recent purchase of the land occurred after it was zoned residential, irrespective of when it was purchased. By differentiating between lands purchased following a zoning change to residential and lands long held and operated as farms, the amendment targets developers or speculators who are hoarding zoned, serviced lands purchased for residential use, while also allowing farmers who have operated their farm for a number of years prior to the rezoning from agricultural to residential to continue to operate the farm without liability to the levy on the basis that no purchase of residentially zoned land was involved. I consider that the amendment is balanced and proportionate and in line with the intention of the levy measure.

The other amendments related to the vacant site levy are of a general or minor nature. Amendment No. 49 inserts a new section into the Bill which is a standard definition provision. Amendment No. 54 inserts a section into the Bill which contains five minor, consequential or miscellaneous amendments to the vacant site levy provisions included in the 2015 Act.

The Government amendments implement the following changes which were first recommended in my Derelict and Vacant Sites Bill in February 2017 and the Green Party's Living Cities Bill 2017 which is currently part of the lottery. There will be an increase in the vacant and derelict sites levy to 7%, the removal of the loophole that allows vacant sites in negative equity to hide from the levy and increased transparency in how and why vacant sites are added to the register. I warmly welcome the Government's change of heart on these issues after a long wait during which cities and town centres have been blighted by empty sites and derelict buildings fast becoming rubbish tips.

I point to the following changes recommended in the Green Party Bills that the Government is not implementing and would like to know why. In terms of process it is a pity that I am asking these questions on Report Stage. Why are vacant sites less than 0.05 ha still exempt from the vacant sites levy? That 0.05 ha measurement includes house sites the size of a basketball court, including adjoining gardens. Green Party Councillor Ciarán Cuffe has done a lot of work on sites of this size in the city of Dublin that could accommodate fantastic public housing projects.

Why is there a continued lack of public transparency in the process by which sites are entered into the derelict sites registers? We all know that the levy is not being applied by local authorities and the reasons need to be made public and questioned.

Why is there no incremental increase in the vacant sites levy, as in the Derelict Sites Act? Why is the current local authority power to increase incrementally the derelict sites levy being restricted?

Does amendment No. 50 mean that the derelict sites levy will be reduced to 3% all across the country until 2020, even if it is higher in some local authority areas? We also ask why the increase from 3% to 7% is not being applied until 2020. We have waited too long already for these eyesores of derelict sites to be dealt with. Some derelict buildings have been standing for decades without the payment of levies. The changes being made at the eleventh hour could come back to haunt what overall is a move in a positive direction in dealing with vacant and derelict sites. I hope the Minister of State will give this issue some more time.

Let me clarify a situation in respect of the vacant sites levy. There are different requirements in rural and urban Ireland. In my town of Ballaghaderreen people are receiving letters about vacant sites for which planning permission was never sought. They were used as farmland. When I inquired, I found that there were 352 vacant houses in Ballaghaderreen. Why is there a levy on land that is not needed? It would be totally off the wall if this land was to be developed because there would be no demand for it. Will there be clarity for local authorities or a circular sent to them to the effect that the vacant sites will be geared to meeting the needs of the area? Derelict sites are another issue. I know sites which have been derelict for the past 50 years adjacent to where I live and nothing has happened with them. There is a need for clarity. Legislation such as this should never be a revenue collecting measure. It should be to meet the needs of and enhance local areas, but that is not what the outcome will be, particularly in rural areas.

I wholeheartedly support the vacant site levy and compliment the former Minister of State, Senator Paudie Coffey, and the former Minister, Deputy Alan Kelly for pressing the issue. Unfortunately, the Attorney General's opinion at the time was that we had to give people a window of opportunity. I certainly wanted the levy to start at a lot more than 3%, but we are beginning to move in the right direction. Especially in urban Ireland, in many town centres, property has been hoarded, not developed.

I, therefore, welcome the provision.

Earlier a Senator touched on the following matter. For five or six weeks prior to the referendum I spent every afternoon and evening knocking on doors canvassing as part of the Repeal the Eighth campaign. My companions and I used to play a game of counting derelict houses and the winner was the person with the greatest number. It was difficult to prove that a house was derelict because the roof and windows were intact, but, to us, it was plain to see that no one had lived in a house for many years. When we talked to neighbours on either side of a derelict house, they complained about it affecting their properties in various ways. Will the Minister of State consider including a definition of derelict house as part of the Derelict Sites Act? We have developed a register for vacant homes, some of which I hope will become available again. We need to keep the pressure on in dealing with this matter because there is a huge of number of vacant or derelict houses that could easily be brought back into the housing market. Such a solution will not resolve the housing crisis, but every step taken to reduce it is helpful.

On the vacant sites register, there is a very moderate estimate that Dublin City Council owns sites in the city worth over €64 million. If that figure is correct, we need to call in local authorities to meetings to discuss the matter. Dublin City Council has been very reluctant to publish and, in fact, was late in publishing its list of vacant sites. When one reads the register, one will see that the vast majority of properties are owned by Dublin City Council, the Department of Justice and Equality, Irish Rail, etc. These are lands that badly need to be developed. I have not had time to assess how much property is owned by Fingal County Council and other councils. However, from a quick perusal of their lists, there is a considerable number of vacant sites in local authority ownership. Since 2015, we have been stating we need to build on local authority lands. There must now be a sense of urgency. When one peruses the vacant sites register, one can see the value of the sites owned. I have reached the stage of calling on the chief executive officers to get on with their job or that they will be sacked. In 2015 the then Minister of State at the Department of the Environment, Community and Local Government, now Senator Paudie Coffey, and the then Minister for the Environment, Community and Local Government, Deputy Alan Kelly, argued strongly in favour of the provision of additional staff in local authorities in order that staff could put together the sites for which planning permission had been granted. Unfortunately, nothing has happened. Excuses only last so long and we need action now. The vacant sites register highlights how much of the State's, or taxpayers', money is tied up in these sites, yet nothing has happened.

I will not oppose the amendment as it moves in the right direction, but I would prefer if it went much further. I have great confidence in the ability of the Minister of State and know that he will consider this matter, as we share the same views on housing. We know that people should stop talking about doing things and just build the bloody things. Clearly, the vacant sites register has highlighted the lack of urgency on the part of local authorities in resolving the matter.

I support the point made by Senator John O'Mahony about the vacant site tax. I agree with him that in some towns there are lands that could be developed. Unfortunately, there is an oversupply of houses. Therefore, if there are lands that should be or could be developed, no bank manager in his or her right mind would give funds to develop them, given the oversupply of houses. Where does one draw the line? Let us say there is an oversupply of houses in a town and they cannot be sold owing to a lack of demand. At the same time, the local authority will issue invoices for the collection of the vacant site tax. It is a chicken and egg scenario, one which will recur every year.

The original charge was based on 0.1 of a hectare. As a result of an amendment tabled by Deputy Mick Wallace, it was increased to 0.5 of a hectare. However, the size can be examined again in the future when we will probably fight over what the figure should be.

The charge will kick in from 2019, but the money will only be collected from 2020. It is not the case that the introduction of the tax was delayed. It is simply a matter that we had to give people some time. We know what the Attorney General's advice is. We would all have liked to see the tax being introduced straight away, but it could just not be done.

On sites not being needed, if there is no housing need, the levy cannot be charged. Housing need is part of the requirements one must fulfil to charge a vacant site levy. Therefore, the levy will not be charged in the areas described. Also, if land has always been been used for farming and was purchased before the register was established, it will not be levied. The amendment clarifies the matter, on which guidance notes will be given to local authorities. However, it is a different story if land was purchased by local authorities for residential or development purposes. If someone is genuinely farming and has always been, he or she will be looked after.

Just de-zone the land.

There is the option of getting land back.

On vacant houses, we totally and utterly want to do more in that space. Vacant office sites are being allocated to local authorities. A lot of work has been done in adopting a carrot and stick approach which works both ways. We need to strengthen the stick, something we are considering.

Amendment agreed to.
Government amendment No. 50:
In page 58, between lines 11 and 12, to insert the following:
“Amendment of section 23 of Derelict Sites Act 1990
37. Section 23 of the Derelict Sites Act 1990 is amended by—
(a) substituting the following subsection for subsection (3):
“(3) The amount of the derelict sites levy shall—
(a) in respect of the local financial year prescribed in accordance with subsection (1), be such amount as is equal to 3 per cent of the market value of urban land concerned,
(b) in respect of any subsequent local financial year falling before the year 2020, be such amount as is equal to—
(i) 3 per cent of the said market value, or
(ii) such other percentage (not exceeding 3 per cent) of the said market value as may stand prescribed for the time being,
and
(c) in respect of the local financial year 2020 or any subsequent local financial year, be such amount as is equal to—
(i) 7 per cent of the said market value, or
(ii) such other percentage (not exceeding 7 per cent) of the said market value as may stand prescribed for the time being.”,
and
(b) substituting the following subsection for subsection (4):
“(4) Where it is proposed to make regulations under subsection (3), a draft of the regulations shall be laid before each House of the Oireachtas not later than 3 months before the beginning of the year in which it is proposed that the regulations would come into operation, and the regulations shall not be made unless a resolution approving the draft is made by each such House.”.”.

The amendment proposes to provide for an increase in the levy that can be applied by local authorities on the owners of sites included in the derelict sites registers kept by local authorities. In that connection, the amendment provides for the substitution of section 23(3) of the Derelict Sites Act 1990 with a revised section incorporating the proposed increased rate of levy, from 3%.

Amendment agreed to.

Amendment No. 51 has already been discussed with amendment No. 38.

Government amendment No. 51:
In page 58, between lines 11 and 12, to insert the following:
“Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011
38. Section 4 of the Environment (Miscellaneous Provisions) Act 2011 is amended—
(a) in subsection (1), by—
(i) inserting “, notice” after “lease” in paragraph (a), and
(ii) inserting “, notice” after “lease” in paragraph (b),
and
(b) in subsection (4), by—
(i) substituting “Planning and Development Act 2000,” for “Planning and Development Act 2000.” in paragraph (n),
(ii) inserting the following paragraphs:
“(o) a consent to a plan or project for which a screening for appropriate assessment is required under regulation 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), and
(p) a consent or notice under regulation 43 of those regulations.”.”.
Amendment agreed to.

Amendment No. 52 has already been discussed with amendment No. 49.

Government amendment No. 52:
In page 58, after line 16, to insert the following:
“Amendment of section 5 of Act of 2015
37. Section 5 of the Act of 2015 is amended, in paragraph (a) of subsection (1), by substituting the following subparagraph for subparagraph (iii):
“(iii) the site, or the majority of the site is—
(I) vacant or idle, or
(II) being used for a purpose that does not consist solely or primarily of the provision of housing or the development of the site for the purpose of such provision, provided that the most recent purchase of the site occurred—
(A) after it became residential land, and
(B) before, on or after the commencement of section 3 of the Planning and Development (Amendment) Act 2018.”.”.
Amendment agreed to.

Amendment No. 53 has already been discussed with amendment No. 49.

Government amendment No. 53:
In page 58, after line 16, to insert the following:
“Vacant site levy
38. The Act of 2015 is amended by substituting the following section for section 16:
“16. (1) The amount of the vacant site levy shall—
(a) in respect of the year 2018, be such amount as is equal to 3 per cent of the market value of the vacant site determined in accordance with section 12, and
(b) in respect of the year 2019 and every subsequent year thereafter, be such amount as is equal to—
(i) 7 per cent, or
(ii) such other percentage (not exceeding 7 per cent) as may stand prescribed, for the time being, by regulations, of the market value of the vacant site determined in accordance with section 12.
(2) The Minister shall, in prescribing a percentage for the purpose of subparagraph (ii) of paragraph (b) of subsection (1), have regard to changes in the value of property and the Residential Property Price Index published by the Central Statistics Office.
(3) Where regulations under subparagraph (ii) of paragraph (b) of subsection (1) are proposed to be made, a draft of the regulations shall be laid before each House of the Oireachtas not later than 3 months before the beginning of the year in which it is proposed that the regulations shall come into operation, and the regulations shall not be made unless a resolution approving the draft is passed by each such House.”.”.
Amendment agreed to.

Amendment No. 54 has already been discussed with amendment No. 49.

Government amendment No. 54:
In page 58, after line 16, to insert the following:
“Miscellaneous amendments of Act of 2015
39. The Act of 2015 is amended—
(a) in section 3, by deleting the following:
“ ‘prescribe’ means prescribe by regulations;”,
(b) in paragraph (d) of section 8, by inserting “by regulations” after “prescribe”,
(c) in section 9, by—
(i) substituting “was not a vacant site” for “, or a majority of the site, was not vacant or idle” in subsection (2), and
(ii) substituting “a vacant site” for “vacant or idle” in subsection (3),
(d) in subsection (2) of section 18, by substituting the following paragraph for paragraph (a):
“(a) the site was no longer a vacant site on 1 January in the year concerned, or”,
and
(e) by substituting the following section for section 25:
“25. (1) The Minister may make regulations for the purposes of this Part.
(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to—
(a) the establishment and maintenance of the register under section 6,
(b) the procedure for the making of an entry in the register under section 7,
(c) the procedure for the cancellation of an entry in the register,
(d) the form of notice to be given under section 7, 9, 11, 12, 13 or 18,
(e) the form of a demand for payment under section 15,
(f) the form of a receipt or certificate under section 21.
(3) Regulations under this Part may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.
(4) Every regulation (other than a regulation under subparagraph (ii) of paragraph (b) of subsection (1) of section 16) or order under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.”.
Amendment agreed to.
Bill recommitted in respect of amendments Nos. 55 to 65, inclusive.

Amendment No. 55 has already been discussed with amendment No. 1.

Government amendment No. 55:
In page 58, after line 16, to insert the following:
“PART 5
MARINE SPATIAL PLANS
Interpretation
40. (1) In this Part—
“Act of 2006” means the Sea-Fisheries and Maritime Jurisdiction Act 2006;
“coastal waters” means, in relation to the State—
(a) surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline (within the meaning of section 85 of the Act of 2006), and
(b) the outer limit of those bodies of surface water in the vicinity of river mouths that are partly saline in character as a result of their proximity to surface water referred to in paragraph (a) and that are substantially influenced by freshwater flows;
“company” has the meaning assigned to it by the Companies Act 2014;
“Directive” means Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014¹ establishing a framework for marine spatial planning;
“enactment” has the meaning assigned to it by the Interpretation Act 2005;
“marine spatial plan” has the meaning assigned to it by section 43;
“maritime area” means—
(a) the foreshore within the meaning of the Foreshore Act 1933,
(b) the territorial seas within the meaning of Part 3 of the Act of 2006,
(c) the exclusive economic zone within the meaning of Part 3 of the Act of 2006,
(d) any area of the sea bed or subsoil outside the said foreshore, territorial seas and exclusive economic zone over which the State has rights for the purposes of exploration thereof and exploitation of natural resources, and
(e) coastal waters;
“Minister” means the Minister for Housing, Planning and Local Government;
“North-East Atlantic marine region” means the marine region to which the Convention for the Protection of the Marine Environment of the North-East Atlantic, done at Paris on 22 September 1992, applies;
“public body” means—
(a) a Minister of the Government,
(b) a local authority within the meaning of the Local Government Act 2001,
(c) a body (other than a company) established by or under an enactment,
(d) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by—
(i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or
(ii) the issue of shares held by or on behalf of a Minister of the Government.
(2) A word or expression used in this Part that is also used in the Directive shall have the meaning that it has in the Directive.”.
Amendment agreed to.

Amendment No. 56 has already been discussed with amendment No. 1.

Government amendment No. 56:
In page 58, after line 16, to insert the following:
“Competent authority
41. The Minister shall be the competent authority for the purposes of the Directive.”.
Amendment agreed to.

Amendment No. 57 has already been discussed with amendment No. 1.

Government amendment No. 57:
In page 58, after line 16, to insert the following:
“Application of Part
42. (1) This Part shall apply to the maritime area.
(2) This Part shall not apply to those parts of the maritime area to which a development plan, a local area plan, the national planning framework, a regional spatial and economic strategy, a guideline or a directive under Part II of the Principal Act applies.
(3) This Part shall not apply to activities that relate solely to defence or national security.”.
Amendment agreed to.

Amendment No. 58 has already been discussed with amendment No. 1.

Government amendment No. 58:
In page 58, after line 16, to insert the following:
“Marine spatial plans
43. (1) The Minister shall, following the carrying out of a process of marine spatial planning, prepare and publish a plan (in this Part referred to as a “marine spatial plan”) for the maritime area in accordance with this Part and the Directive.
(2) The objectives of the marine spatial plan shall be—
(a) to analyse and organise activities in the maritime area for the purpose of achieving ecological, economic and social priorities,
(b) to establish a national strategy for Government in relation to the strategic planning and sustainable development in the maritime area,
(c) to apply an ecosystem based approach for the purpose of supporting proper planning and sustainable development in the maritime area, and
(d) to encourage the colocation of relevant activities and developments in the maritime area.
(3) The Minister may prepare—
(a) one marine spatial plan for the entire of the maritime area,
(b) different marine spatial plans for different parts of the maritime area, or
(c) a marine spatial plan referred to in paragraph (a) and different marine spatial plans referred to in paragraph (b).
(4) The Minister shall, in the performance of his or her functions under this section—
(a) give consideration to the matters specified in paragraph 1 of Article 5 of the Directive, and
(b) aim to contribute to the matters specified in paragraph 2 of Article 5.
(5) A marine spatial plan shall identify the matters specified in paragraph 1 of Article 8 of the Directive and the Minister shall, when making a marine spatial plan, ensure compliance with paragraph 2 of that Article.
(6) Marine spatial plans for the time being in force shall be known collectively as the National Marine Planning Framework.”.
Amendment agreed to.

Amendment No. 59 has already been discussed with amendment No. 1.

Government amendment No. 59:
In page 58, after line 16, to insert the following:
“Requirements of marine spatial planning
44. (1) The Minister shall, for the purpose of marine spatial planning and the preparation of a marine spatial plan—
(a) comply, or ensure compliance, with the requirements of paragraphs 1 and 2 of Article 6, and Articles 10, 11 and 12, of the Directive, and
(b) take account of circumstances particular to the North-East Atlantic marine region.
(2) The Minister shall, not later than 6 years after publication of the most recent National Marine Planning Framework, carry out a review thereof and, following the
completion of the review, either—
(a) prepare and publish in accordance with this Part and the Directive a new National Marine Planning Framework replacing the first-mentioned National Marine Planning Framework, or
(b) in circumstances where he or she decides not to prepare and publish a new National Marine Planning Framework, prepare and publish a statement setting out the reasons why he or she has decided not to do so.”.
Amendment agreed to.

Amendment No. 60 has already been discussed with amendment No. 1.

Government amendment No. 60:
In page 58, after line 16, to insert the following:
“Public participation on marine spatial plans
45. The Minister shall make arrangements to ensure compliance by the State with the requirements of Article 9 of the Directive.”.
Amendment agreed to.

Amendment No. 61 has already been discussed with amendment No. 1.

Government amendment No. 61:
In page 58, after line 16, to insert the following:
“Strategic environmental assessment and appropriate assessment
46. The Minister shall, in the preparation of a National Marine Planning Framework, ensure that the National Marine Planning Framework does not contravene the following acts of the institutions of the European Union, or any provision of an Act of the Oireachtas or instrument under an Act of the Oireachtas enacted or made for the purpose of giving effect to any such act:
(a) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment;
(b) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;
(c) Council Directive 92/43/EEC of 21 May 1992¹ on the conservation of natural habitats and of wild fauna and flora.”.
Amendment agreed to.

Amendment No. 62 has already been discussed with amendment No. 1.

Government amendment No. 62:
In page 58, after line 16, to insert the following:
“Laying of marine spatial plans before each House of Oireachtas
47. (1) Where the Minister proposes to make a marine spatial plan, he or she shall lay a draft of the plan, together with the Environmental Report and Appropriate Assessment Report in respect thereof, before each House of the Oireachtas, and shall not make the plan until a resolution approving of the draft has been passed by each such House.
(2) The Minister shall, in the making of a marine spatial plan, have regard to any resolution, report or recommendation of any committee of both Houses of the Oireachtas or either such House in so far as such resolution, report or recommendation relates to a draft laid before each such House in accordance with subsection (1).”.
Amendment agreed to.

Amendment No. 63 has already been discussed with amendment No. 1.

Government amendment No. 63:
In page 58, after line 16, to insert the following:
“Compliance by public bodies
48. (1) A public body shall adopt such measures as—
(a) are consistent with its functions, and
(b) necessary to secure the objectives of the National Marine Planning Framework.
(2) In this section “functions” includes—
(a) the formulation of any policy, programme or plan in relation to development or activity, or proposed development or activity, in the maritime area,
(b) the giving of any consent or approval, or the grant or issue of licences, certificates or other like documents, under any enactment for the purposes of any such development or activity, or any such proposed development or activity,
(c) the regulation of any such development or activity.”.
Amendment agreed to.

Amendment No. 64 has already been discussed with amendment No. 1.

Government amendment No. 64:
In page 58, after line 16, to insert the following:
“Directions of Minister
49. (1) The Minister may give a direction to a public body to adopt such measures as are specified in the direction relating to—
(a) the implementation of marine spatial planning,
(b) compliance with a marine spatial plan, or
(c) compliance with the State’s obligation under the Directive.
(2) A direction under this section shall be in writing and may apply to one or more than one public body.
(3) A public body to whom a direction under this section is given shall comply with the direction.
(4) In this section “public body” does not include the Minister.”.
Amendment agreed to.

Amendment No. 65 has already been discussed with amendment No. 1.

Government amendment No. 65:
In page 58, after line 16, to insert the following:
“Revocation
50. (1) The Regulations of 2016 are revoked.
(2) In this section “Regulations of 2016” means the European Union (Framework for Marine Spatial Planning) Regulations 2016 (S.I. No. 352 of 2016).”.
Amendment agreed.
Bill reported with amendments.
Question, "That the Bill, as amended, be received for final consideration", put and agreed to.
Question, "That Fifth Stage be taken now", put and declared carried.
Question, "That the Bill do now pass", put and agreed to.