Simon Coveney (Cork South Central, Fine Gael)

I move: "That the Bill be now read a Second Time."

This Bill is being enacted for the benefit of all foreshore matters currently dealt with by my Department and the Department of the Environment, Community and Local Government. It is bringing greater clarity to the operation of the existing administrative functions of the two Departments in this area. It is hoped this will facilitate the speedy determination of foreshore applications made to both Departments in a sector which is of immense economic benefit to and growth in the economy. The Bill will transfer all foreshore functions under the Foreshore Acts 1933 to 2009 to the Minister for the Environment, Community and Local Government with the exception of: designated fishery harbour centres; activities which are wholly or primarily for the use, development or support of aquaculture; and activities which are wholly or primarily for the use, development or support of sea fishing, including the processing and sale of sea fish and manufacture of products derived from sea fish.

The Foreshore Acts 1933 to 2009 require that a lease or licence must be obtained from the relevant Minister prior to undertaking any works and placing any structures or materials in or on, or for the application of, or removal of material from, State owned foreshore. The foreshore consists of the land from the high water mark to the 12 nautical mile limit, and is 39,000 sq. km in size. In recent years, the size, scale and complexity of projects developed on the foreshore has changed considerably. At one time, foreshore consents covered primarily small piers and jetties. In recent years, however, applications received concern major State and private sector infrastructure projects, such as municipal waste water treatment plants, large commercial harbour developments, gas pipelines and large-scale offshore wind, wave and tidal energy projects.

To deal with this increasing scale and complexity, it is vital the development of these large projects accord with the development plans for the functional areas of the local authorities to which they are contiguous. Both land-based and offshore developments in the coastal zone impact each other in significant ways, despite the different environmental conditions in each zone. Balancing the impact on one zone of a development in the other zone is a major component of the impact assessment of such projects. At a higher level it is also essential to align and integrate the strategic development plans for both zones.

While it is acknowledged that some elements of the Foreshore Acts, first enacted in 1933 and often amended, require modernisation, it is important to note that, in relation to large projects, the assessment of environmental impact statements and the public participation and consultation elements are fully up to date and in accordance with all environmental directives. Regulations in respect of the Foreshore Acts have been implemented under the European Communities Acts dealing with the environmental impact assessment directive, the public access to environmental information directive, and the public participation in decision making and access to justice in environmental matters directive. Therefore, the Foreshore Acts are at this time in compliance with the Aarhus Convention.

Administration of the foreshore under the Foreshore Acts generally involves two distinct components. First, the licensing of the activity or development on the foreshore, which is a regulatory role akin to the role of a planning department and second, the vast majority of the foreshore is State owned and managed on behalf of the Minister for Finance. Property management is a key role under the Foreshore Acts. This role of property manager on behalf of the State can, in very rare circumstances, give rise to competing applications for the same area of State foreshore. The Foreshore Acts have always provided for this situation. Sections 2 and 3 of the Foreshore Act 1933 stipulate that all decisions must be made solely in the public interest. For this reason the 2009 Act made specific provision for co-ordination between Departments before any decisions or consents are made. Both Departments are deeply committed to the establishment of an efficient and effective structure designed to ensure that information on applications is managed in a co-ordinated fashion.

The cumulative effect of developments in the coastal zone has been a major challenge for national governments throughout Europe, leading the European Commission to issue recommendations in this regard. Integration of the onshore and offshore development process has proven quite difficult in all countries. The Foreshore and Dumping at Sea (Amendment) Act 2009 amended the Foreshore Acts 1933 to 2009 to the effect that foreshore responsibilities were split between the Minister for Agriculture, Fisheries and Food and the Minister for the Environment, Heritage and Local Government, now the Minister for the Environment, Community and Local Government. It provides for a complex division of responsibilities for foreshore licensing between the relevant Ministers based on the nature of the application. As a result, a significant element of the foreshore licensing function was transferred to the Minister for the Environment, Community and Local Government while others were retained in my Department. It is accepted that the wording of the Act is difficult for business to clearly understand and follow. This outcome is not good for people wishing to do business in Ireland or to develop our green and other energy sectors.

The core functions transferred to the Department of the Environment, Community and Local Government in 2009 include all energy related developments, including oil, gas, wind, wave and tidal energy on the foreshore; aggregate and mineral extraction developments on the foreshore; foreshore projects in respect of port companies and Harbours Acts, other than development in fishery harbour centres, including expansion or relocation of such port or harbour or development intended for commercial trade; all other foreshore projects, other than those relating to aquaculture, designated fishery harbour centres and sea fisheries. The transfer was effected to provide proper and effective co-ordination and consistency with the land-based planning process.

Provision was made in the 2009 Act for Ministers to consult each other in respect of all foreshore applications received. This consultative approach has been working reasonably well since the Act took effect on 15 January 2010. Since the transfer of foreshore functions in 2010, in excess of 60 foreshore consents have been granted by the Minister for the Environment, Community and Local Government and a further 96 cases are as we speak being progressed through the formal foreshore application process in the Department of the Environment, Community and Local Government.

Certain sections of the Foreshore Act 1933 concern the overall management of the coastal zone rather than the licensing of developments on the foreshore. For example, section 6 of the Foreshore Act 1933 provides the means to prohibit the removal of beach material and section 11 provides for the removal of dilapidated structures. To provide for the coherent management of the coastal zone under one administration, these and other coastal management functions were transferred in full to the then Minister for the Environment, Heritage and Local Government.

As an island nation, the status of the sea fishing and aquaculture industry is hugely important from an economic and social perspective. It is a development to which I am committed, as Minister. The future of aquaculture and sea-fishing related projects needs to be secured given the often isolated locations of the coastal communities which these industries support. The grant of a foreshore licence for an aquaculture project is currently an outcome of the detailed consideration of the aquaculture licence application process. In certain circumstances an Environmental Impact Statement must accompany the aquaculture licence application. I assure the House that the licensing of aquaculture sites, including foreshore licensing for such sites, remains with my Department. This is particularly important given my Department's role in food production. It is also worth noting,that the Department is building up a great deal of expertise around aquaculture and its potential. It makes sense to keep all the elements of the application process for an aquaculture licence within the Department of Agriculture, Fisheries and Food be it in respect of foreshore or licensing of the project.

I have decided to introduce this short Bill for various reasons, including the increasing number of applications being made year on year for foreshore consents to each Department; the need to facilitate a streamlined and clearly defined decision making process to ensure the ongoing and sustainable development of foreshore for the benefit of the State and future generations; the ongoing challenge for Government to examine existing procedures and practices with a view to eliminating red tape and unnecessary bureaucracy or confusion; the provision, where possible, of clearer and more easily understandable legislation for those who have to use it, of which there are many people; developing the faster consent system we all want to maximise the employment potential of the foreshore in a sustainable and green manner. As part of this, we must encourage development within the Department of the Environment, Community and Local Government of streamlining between the foreshore and planning application processes. Many interests, when applying for a development that involves foreshore, also need to apply for planning permission. It makes sense for one Department to deal with both applications.

It is important that any perceived obstacles to achieving what I have outlined are removed. To achieve these objectives I am introducing this legislation today, before the summer recess, to ensure that a clearer legislative framework will be in place as soon as possible. This Bill will bring greater clarity to the management of foreshore matters, which is very much in line with the thrust of the programme for Government. It is hoped it will help stimulate the sector and the economy and provide much needed employment in many rural areas of the country that do not have too many options.

I will now deal in greater detail with the sections of the Bill. Section 1 provides for the transfer of all foreshore functions under the Foreshore Acts 1933 to 2009 from the Minister for Agriculture, Fisheries and Food to the Minister for the Environment, Community and Local Government. The only exceptions are functions relating to designated fishery harbour centres; functions in respect of activities which are wholly or primarily for the use, development or support of aquaculture and functions in respect of activities which are wholly or primarily for the use, development or support of sea-fishing, including the processing and sale of sea-fish and manufacture of products derived of sea-fish, all of which remain with the Minister for Agriculture, Fisheries and Food.

Section 2 provides for the amendment of the Foreshore Act 1933 by substituting a new section 1B for existing section 1B which was inserted by the 2009 Act. The New Section defines the functions to be carried out by the relevant Ministers. Section 3 provides for the preservation of certain continuing contracts and the adaptation of certain references to the Minister for Agriculture, Fisheries and Food in certain documents in relation to the transfer of foreshore functions to the Minister for the Environment, Community and Local Government.

Section 4 provides for the saving and amendment of certain Statutory Instruments made by the Minister for Agriculture, Fisheries and Food in relation to functions to be taken over by the Minister for the Environment, Community and Local Government. Section 5 provides for the transfer of certain property and liabilities of the Minister for Agriculture, Fisheries and Food to the Minister for the Environment, Community and Local Government which are connected with the functions being transferred.

Section 6 deals with the effect of the transfer of foreshore functions of certain acts performed and documents which relate to the matters so transferred. Section 7 provides for the substitution or addition of the name of the Minister for the Environment, Community and Local Government to any pending legal proceedings to enable those proceedings to continue. Section 8 provides for completion by the Minister for the Environment, Community and Local Government, in relation to functions transferred, of matters commenced by or under the authority of the Minister for Agriculture, Fisheries and Food.

Section 9 provides that any foreshore function exercised in whole or in part by the Minister for the Environment, Community and Local Government since 15 January 2010, including any consultation and other requirements under the Foreshore Acts 1933 to 2009, are deemed to have been exercised as if that Minister was the appropriate Minister for the purposes of the Acts. In addition, anything commenced but not completed may be carried on or completed by that Minister after the enactment of the Bill. Section 10 provides for the short title of the Bill when enacted and a collective citation for the Acts as amended.

In summary, therefore, this is short but important amending legislation to clarify and copperfasten the transfer of specific foreshore functions from my Department to the Department of the Environment, Community and Local Government. I am introducing it now for the approval of the House to bring absolute clarity to the administration of foreshore functions within the two Departments and to facilitate the ongoing work of the Department of the Environment, Community and Local Government in integrating the foreshore consent process for major infrastructure projects with the strategic consent process operated by An Bord Pleanála, as well as the wider planning consent process in the case of non-strategic projects. In other words the Department of the Environment, Community and Local Government wants to integrate the planning process with the foreshore process for obvious reasons as I mentioned already. The Bill will assist in the further development of a strategic focus on aquaculture licensing by my Department in the months ahead. We wish to complete this now in advance of the very busy autumn schedule for my Department and the Oireachtas.

See this speech in context