Dáil debates

Thursday, 3 December 2009

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Second Stage

 

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)

Members of this House expressed diametrically opposed views during today's debate. Interestingly, individual Deputies expressed diametrically opposed views within their own speeches about how this issue should be dealt with. A significant amount of work has yet to be done. Everyone who has taken a genuine approach to this matter appreciates that this serious job should be done properly.

Deputy Higgins queried the philosophy of ministerial discretion. I was in philosophical agreement with many of the points he made, including this one. It is fair to say that the scope of ministerial discretion is substantially circumscribed by a number of directives, including those relating to environmental impact assessment, public participation in decision making, access to justice on the environment and public access to environmental information. As it is not an absolute power, I do not think the Deputy's concerns in this regard are well founded.

Although the question asked by Deputy Higgins about the conditions that apply to leases has nothing to do with the process we are undertaking today, it will be fundamental to our consideration of the third phase of this process. The Deputy argued that we have not properly defined the public interest, but we have a good idea what it is. Such matters will have to be dealt with.

When I left the Chamber briefly, I took advice on the question the Deputy asked about public ownership. I am satisfied the issue of ownership by the public is as clear as one could expect it to be. It is certainly clear enough for the requirements of this Bill. I agree with the Deputy that the dangers which are associated with the transfer of ownership are compounded in circumstances in which unscrupulous types might have access to the commodities being transferred. Quite frankly, there is an obligation on the Government and on the Oireachtas to ensure the public interest is defended in this regard.

Deputy Higgins also made a point about the concept of intergenerational justice, which is beginning to gain considerable credence. It will be of great importance to the third phase of this process, if not to the Bill before the House today. I do not know the answer to his question about the timescale for the taking of the next step. The role of the marine licence vetting committee will not be changed by this legislation. I do not doubt that its role, statutory or otherwise, will be considered when a fundamental examination of foreshore licensing is undertaken. I assure the Deputy that neither this Bill nor the subsequent legislation will have negative implications for research funding.

Deputy Ferris expressed concern about difficulty in accessing information on the Corrib gas field. I have been assured that a full process of public consultation was followed in respect of that project.

Deputy Cuffe spoke about new frontiers. The important point he made about the need to vindicate the rights of the people was very similar to the point made by Deputy Higgins, although it was expressed in somewhat different language.

Deputy Deenihan referred to key infrastructural developments. Considerable progress has been made in that regard in his constituency. To the best of my knowledge, licences have been issued in respect of the project he mentioned.

I join those Deputies, including Deputy Deenihan, who commended the Joint Committee on Climate Change and Energy Security on the work it has done, which will inform the decisions of the Department of the Environment, Heritage and Local Government in this regard.

Before I took up my current position in the Department, I would have agreed with Deputy Sheehan's point about the need to expedite decisions. As a Minister of State, I can make inquiries within the relevant section of the Department about any specific case raised by a Deputy, Senator or constituent. I frequently find that the information provided in response to questions that were quite clear does not address those questions.

Comments

No comments

Log in or join to post a public comment.