Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

With respect to that, one thing that we have learned from terrestrial planning and our long consideration of issues around substitute consent is that while many things are possible, unless legislation sets them out and, in certain circumstances, mandates either exploration or potential recommendation of them, they are less likely to happen. While we may finally have a substitute consent regime for the land that does not fall foul of domestic and European law, we will have to wait and see if that is the case. Where substitute consents are granted and, in the period when the activity took place, there was significant damage, whether relating to the environment or other activities, restoration very rarely features. My question is not about whether it is possible because it is clearly possible. Will the legislation set out in any detail or even mention the issue of restoration? I raise that with respect to either existing designations that have not been adhered to because of poor enforcement or to areas where MACs have been issued and we want offshore wind. In between the granting of the MAC, the tests, the planning applications and the designation, notwithstanding the interim work Mr. Cronin described earlier, things may have gone wrong, even if that was not the intention. Will the legislation set out any provision with respect to restoration?

It is all very well to talk about restoration but who funds it and how is it funded? Some legislative elements to that could be helpful, particularly if it relates to somebody with a licence or consent who has done something wrong and should be funding restoration. Is there a legal power to compel that person to do so, within reason and with appropriate safeguards?