Michael Creed (Cork North West, Fine Gael) | Oireachtas source

I thank Deputy Gallagher for his comments on this issue. I appreciate that it is a matter of concern for Deputies representing all coastal areas from Malin Head to Mizen Head and, indeed, on the eastern seaboard. I could not revoke the existing statutory instrument without being in a position to replace it immediately with something else because that would have attracted the attention of the European Commission to the fact that we did not have an effective dissuasive legal instrument in place. I am committed to acting to address that anomaly at the earliest possible date.

In my initial response I referred to legal and administrative issues. The legal issue is to determine, as the Deputy mentioned, whether it will be done by way of an amendment to the existing statutory instrument, a new statutory instrument or by primary legislation.

I am awaiting final clarification from the Attorney General on that point.

In respect of administrative issues, it aims to ensure that whatever we put in place to replace the existing statutory instrument meets the EU administrative requirement because a substantial amount of EU funding is riding on this issue under the EMFF. The funding is €240 million, some of which has already been committed in projects in the Deputy's constituency and elsewhere. I am anxious to ensure I move effectively in a manner that, in the interim, does not have a cost impact for the Exchequer.

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