Ciarán Lynch (Cork South Central, Labour)

I would like to pursue another aspect of the foreshore licence issue and place it in context. Foreshore licences are granted where somebody is developing a marina, a docking bay or something else which would generate local employment and improve the general aspect and environment of a location.

One of the difficulties people face relates to a specific clause in the licence. I am aware the Minister has inherited this from the Department of Agriculture, Food and Fisheries but there is a difficulty with section 12(2). Is the Minister aware of it and if so, is he dealing with it? The section allows the Minister to revoke a foreshore licence having given three months notice.

The difficulty people have when acquiring foreshore licences is that when they seek funding from financial institutions to proceed with the development of a marina, a docking area etc., they find the financial institutions will not fund the application because of this section in the legislation. The financial institutions say people do not have security of tenure in regard to the licence for a specific period of time.

The legislation states that the Minister can, at a whim or without any explanation, revoke the licence. That makes it impossible for people to get funding from financial institutions. Is the Minister aware of this difficulty and does he intend to amend the legislation to resolve it?

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