Oireachtas Joint and Select Committees

Tuesday, 12 November 2013

Joint Oireachtas Committee on Environment, Culture and the Gaeltacht

Heads of Maritime Area and Foreshore (Amendment) Bill 2013: Discussion

1:40 pm

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I thank the witnesses for the presentation and I wholeheartedly agree with the closing sentiment that we need development in the marine area that is sustainable. What is the witness's view on whether this Bill ensures the sustainability aspect in the full sense of the word? This follows on from the questions I asked the people from An Bord Pleanála.

Does the witness have any concern in this regard? I should qualify everything I say by indicating that replacing the 1933 Act is a good move, as is moving the process out of what is essentially ministerial diktat into a proper planning process people can understand as transparent. Have we got all the environmental protections and an open system where people can be consulted and participate in decisions that will affect local communities, stakeholder groups and people with an interest in the marine area? The witness has raised some concerns and I have taken note of them.

Following my earlier point, is there a lack of specific protection for the foreshore because of the creation of one zone being spoken about with this proposed legislation, if I understand it correctly? It is said that this is to avoid unnecessary duplication but I am concerned that this could mean the particular need to protect the foreshore area, which is more sensitive in many ways, could face a potential problem. What is Mr. Gault's opinion? Streamlining can work both ways. If I understand the proposed legislation correctly, local authorities are out of the picture for anything outside the low and high water mark, and responsibility goes to An Bord Pleanála. I am concerned about that, as the potential democratic input at a local level could be reduced. I want to strengthen rather than weaken the capacity of local communities to have a say in matters that affect them. I understand there are issues beyond the local, of which we must certainly be cognisant.

I wonder if we would be better to have a three-phase process. In Dún Laoghaire, for example, the council wants to build a small jetty at the Dún Laoghaire baths, which is fine. That could be dealt with at a local level, although I am unsure as to whether it would come in under the high and low water mark. It probably would. Could this be deemed part of the foreshore and be the responsibility of somebody else? It seems there is a major difference between a small jetty and an oil rig, as one has massive implications not just for local communities but also wider coastal zone management. A small jetty from which people can swim does not really have a major implication. What is Mr. Gault's opinion?