Ms Attracta U? Bhroin:

I thank the Deputy very much for her question and remarks. On her query about feedback, there has been no public consultation on these provisions, which is a concern. There has been some discussion within the planning advisory forum but there has been no indication of the feedback or status of that. We would have to say it is not a particularly transparent process, albeit somewhat welcome.

The Deputy asked a specific question about the unintended consequences of the foreshore legislation. What I partly alluded to earlier refers to airspace. This is material removed from what we currently consider with regard to land, which is the land necessary to be occupied. If something is being built, it has an upward dimension, but airspace is unlimited. There is also reference to subsoil.

There are concerns and considerations that need to be properly examined here with regard to the implications in respect of minerals and disturbance of the sea floor. There is a huge degree of complication with regard to the definitions of seabed, sea, continental shelf etc., some of which was looked at in the recent Maritime Jurisdiction Act, which was revisited in the context of the 2021 Act, but also in looking at the United Nations Convention on the Law of the Sea and the constitutional implications for minerals. There is therefore, a whole degree of issue we need to be very careful we fully understand.

The term "land grab" is well used. We also now need to think about sea grab, sea-floor grab and airspace grab. We are very conscious of the imperatives of moving to decarbonise our energy and we would be supportive of that if it is done in a sustainable way. If there is need and requirement here, however, let us be very clear about what we are doing and what we are effectively asking the State to cede as a foreshore licence. Effectively, this is State ownership. This is currently in the public's ownership. If there is going to be a change to that in terms of a foreshore licence, we need to be very clear about what we are being asked to do as citizens of the State and what is being asked of members as legislators. That should be absolutely explicit, well-documented and analysed. From what I heard this morning, with the greatest respect to the Department, I do not feel we are in a position to say we are comfortable with our understanding of the implications of what is proposed and how it is being assessed, examined and discussed across multiple pieces of legislation to ensure that we have consistency and clarity.