Ms Mary Kelly:

Deputy Coonan asked how local knowledge is taken into account for major strategic works. Something similar to the way we run our strategic infrastructure development currently for big projects on land is envisaged for offshore projects. It is a structured approach. A manager's report always comes to us as part of the planning application and councillors will have had an input into that. The application is made and every submission is taken into account in considering it. In general, there is a presumption that an oral hearing will be held for strategic infrastructure applications. That presents an opportunity for the public or anybody else, including the proposer of the project, to present their case and be cross-examined by the other side. There is a huge amount of public consultation at that point.

The board is a transparent organisation, as is the entire planning system. The contents of the application are on file, as are all the submissions, objections and the oral hearing. Everything is available in the board's offices for anybody to see. When we make a decision, the board takes into account all that has happened in the process and the decision is made on the basis of an inspector having investigated the entire project, sat through the oral hearing, asked questions of the developer and the third parties, put it all together and made a recommendation. Inspectors are required under the Act to make a recommendation to the board.

The board is a different set of people. The Oireachtas decided the decision would be made by the board and not by the inspector. The inspector makes a recommendation and the board decides on the basis of the inspector's report and all the other evidence in front of it what to do about the particular application. If the board disagrees with the inspector or moves away from his or her recommendation, the board is required by law to give reasons and considerations for doing so. It is a very open system and if one follows the paperwork, it is possible to see the reasons the board disagrees with the inspector. In the majority of cases the board will agree with the inspector.

The foreshore is defined in various parts of the documentation we received with the heads of the Bill. It is the area from the line of high water out to 12 miles offshore. The Bill defines a nearshore as the area from the high water mark to the low water mark. Local authorities will have jurisdiction in the nearshore and An Bord Pleanála will have jurisdiction in general beyond this. Sometimes, when they are connected, the local authority might continue to have jurisdiction. It is quite detailed.

Deputy Boyd Barrett will appreciate I cannot discuss a particular project. Some of my responses to Deputy Coonan may cover his questions also. Everybody is aware the 1933 Act, which predates the planning Act, is outdated and needs to be updated. The Deputy's concern is that streamlining might mean an easier journey for a developer. I do not believe this will be the case. It will mean a more streamlined and efficient process, but it should mean a comprehensive examination of the environmental impact of the project, whether it be a big wind energy project or oil exploration. Some responsibility for oil exploration will remain with the Department of Communications, Energy and Natural Resources.

An environmental impact assessment is a very comprehensive document and the board takes its responsibilities in respect of examining environmental impact statements extremely carefully. When the board makes a decision on a project requiring an environmental impact statement, the board must conduct the environmental impact assessment. The board must sign off on having done the environmental impact assessment, and on the basis of the evidence in front of it, that it concluded it would not have a significant effect on the environment. We do not take this lightly. We examine all the environmental issues before us in as much depth as we can and we go into great detail. Environmental impact assessments and appropriate assessments, which are more specific if a special area of conservation or a European designated site is involved, take up an increasing amount of our time at board meetings and are likely to continue to do so. I do not believe it will mean an easier ride for anybody. Having one competent authority which is expert in conducting environmental impact assessments will give a very coherent approach to the environmental impact assessment of all these projects.