Brian Hayes (Dublin South West, Fine Gael)
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Question 6: To ask the Minister for the Environment; Heritage and Local Government his plans to change foreshore licence application and assessment procedures; and if he will make a statement on the matter. [44265/10]

Jack Wall (Kildare South, Labour)
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Question 34: To ask the Minister for the Environment; Heritage and Local Government the position regarding the proposed review of foreshore legislation; and if he will make a statement on the matter. [44418/10]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 6 and 34 together.

Short-term administrative and regulatory measures are being introduced to improve the throughput of foreshore applications by my Department, which has been working with the Department of Finance on a business process improvement exercise in the foreshore area.

This process has been completed and the recommended actions are now being implemented. These include the introduction of a pre-application consultation process; the development of a scheme of prioritisation for foreshore applications; introducing regulations to put a time limit on consultations with prescribed bodies; the development of standard operating procedures; the development of an application tracking database; and the publication of guidelines for applicants in relation to engineering and habitats issues.

The operation of the foreshore consent process is governed primarily by the Foreshore Act 1933 which has been the subject of only limited updating since its enactment. Work has commenced in my Department to develop a modernised foreshore consent regime and to integrate it within the planning system. This includes preparatory work towards the necessary legislative changes to integrate strategic foreshore projects within the consent process under the Planning and Development (Strategic Infrastructure) Act 2006, other foreshore projects within the wider planning system and assessment of the requirements for the development of a marine spatial plan.

The draft offshore renewable energy development plan, and the associated strategic environmental assessment report, recently published by my colleague, the Minister for Communications, Energy and Natural Resources, Deputy Ryan, and currently undergoing a public consultation process, will inform the development of the consent regime, as it relates to offshore renewable energy projects.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Will the Minister indicate the average timescale for an application for a foreshore licence to be dealt with? What is the timescale envisaged for the introduction of the primary legislation to which he referred?

John Gormley (Dublin South East, Green Party)
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The legislation is being developed and is at an early stage. It is extremely comprehensive. The original legislation dates from 1933. The Department is dealing with quite a number of outstanding issues. That is not in the main body of our current work but I hope we can give it priority in the new year. A foreshore licence can only be issued if it is in the public interest.

The current processing of a foreshore application includes the assessment of the application by the Department's internal technical advisers and, where necessary, the marine licence vetting committee which advises on scientific matters; consultation with statutory and non-statutory consultees, including the relevant Departments and agencies; a period of public consultation, which is normally 21 days; valuation of the site to be occupied by the applicant and other public interest elements which may arise in particular cases; obtaining the necessary legal advice; and Department of Finance sanction, where appropriate.

I can give the Deputy some idea of the number of foreshore cases we have inherited from the Department of Agriculture, Fisheries and Food. There are 700 foreshore cases following the transfer of functions and full caseload analysis was undertaken to determine the status of the cases.

Ciarán Lynch (Cork South Central, Labour)
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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?

John Gormley (Dublin South East, Green Party)
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It has been brought to my attention but I do not know of any instance where a Minister has exercised that power. I have tried to determine that. An inconsistency of this sort will be part of a review of the legislation. There are priority one, priority two and priority three procedures in place. The Deputy is talking about priority three, so it is down the list. These refer to outfall pipes, if they are not part of a larger strategic infrastructure project, private boat moorings and extension of existing piers, slipways or jetties. They are down the list of priority and as far as the Department is concerned, far more major projects must be considered. We are getting through the list.

If the Deputy has a specific case in mind and if he drops me a line, I will look into it to see if there is undue delay. It is of concern if an individual cannot secure finance because there is a fear that having been granted the foreshore licence, it could be revoked at a later stage.

Ciarán Lynch (Cork South Central, Labour)
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I would like to be of assistance to the Minister. He is correct about the revocation of licences. However, the difficulty relates to funding. People go through the planning process and acquire the foreshore licence but they cannot get a letter of comfort from the Department stating that the licence will not be revoked or stating the conditions on which it could be revoked. I will take the Minister up on his offer.

I welcome the fact this is dealt with on a case by case basis but it does not deal with the overall difficulty. It is not that licences have been revoked but given the constraints financial institutions face and the fact the Governor of the Central Bank of Ireland issued a directive to all banks in July to tighten up on lending practices, there is a difficulty with this existing clause in respect of loans.