Caít Keane (Fine Gael) | Oireachtas source

Obviously, this is a very important Bill. We heard from the representatives of the Marine Renewables Industry Association this morning and the impact it made. They stated what was going out of Ireland and what could remain in Ireland if legislation was in place and certainty is necessary. In respect of companies, Ireland is losing out to Scotland at the moment. I have mentioned companies that have moved from the west to Scotland because of greater certainty in its legislation. He said that Ireland has the grid element on our side and is much stronger. They will have the wherewithal and the science but they will not be able to pass it around. I will allow Deputy Michelle Mulherin to speak on the grid element.

The planning process is old and has been updated but obviously not updated fast enough. An Bord Pleanála will be the consent authority for the structural element while the Minister will still be the licensing authority. Is that a correct interpretation? A couple of the speakers, particularly on EU legislation, said that an appeals process is not in place and obviously we will have to look at that issue. I do not know if the witnesses have an answer for me, but it must be taken note of given that it has been raised a couple of times.

In respect property rights, if one is giving away a 99-year lease on Grafton Street for a licence, will the property rights lease and term have to be written into the Bill? Much has been said about marine spatial planning and the necessity for it. That should be speeded up big time because of the fear of the unknown - I agree with Deputy Michelle Mulherin on this - regarding local area planning. Local planners will not do anything if they think it will harm the environment. If they do not know what is out there and if it is not spatially planned for them, they will take the precautionary principle and do nothing. We do not have the option of doing nothing; we have to do something and do it fast and right. The national spatial strategy planning should be done. I said at the first presentation that local councillors are always seeking to rezone land. I think every bit of the sea should be rezoned for its maritime use purpose. We should have a map to guide local planners without the necessity to have everything going to An Bord Pleanála. If it was rezoned for a particular use, and taking into consideration the environment, fishermen and the commercial aspects dealing in all types of wave wind and tidal energy people could be told that this is where they go if they want to do certain things. They have the wherewithal to do it, but we have the site and this is how it is done. If local authorities had that guidance, the technology is in place to do it. The late Eamon de Buitléar had to depend on his camera while GPS is now available.

I was thinking about what I would say on the heads of the Bill when the outcome of the court case on the rights of way in Sligo was announced last week. Every foreshore has a right of way. How will the planning process deal with a right of way established over a 12 year or 21 year process? If a planning application is made and a person has a right of way over an area, is it up in the air because the courts have thrown that out?