Dáil debates

Wednesday, 9 April 2014

Topical Issue Debate

Foreshore Issues

1:25 pm

Photo of Derek NolanDerek Nolan (Galway West, Labour)
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Mar is eol don Aire Stáit, b'fhéidir, tá imní ar phobail an chósta i gConamara agus ar an gcósta thiar faoi chearta bainte feamainne. Bhí mé i láthair ag cruinniú mór poiblí i Leitir Mór Dé Domhnaigh seo caite agus ag ceann eile le Joe Curran ar a raibh tinreamh maith i Ros Muc Dé Luain.

Tá an imní faoin gceist seo cloiste ar Raidió na Gaeltachta agus ar TG4, mar thoradh ar chás a tuairiscíodh sna meáin inar cuireadh in aghaidh duine áitiúil faoin Acht Urthrá. Tá imní ar go leor daoine i gConamara, a bhfuil a slí bheatha bunaithe ar an gcleachtas traidisiúnta seo, faoina bhfuil i ndán dóibh anois. Tá sé soiléir, cé go bhfuil reachtaíocht ann chun bailiúchán ón urthrá a rialú, nach ndearnadh aon fhormhíniú riamh air agus nár cuireadh córas ceart rialaithe i bhfeidhm. Chomh maith leis sin, tá a fhios againn go bhfuil Arramara Teoranta, comhlacht Gaeltachta, tar éis ceadúnas urthrá a lorg chun feamainn a bhailiú. Anuas ar sin, tá Údarás na Gaeltachta, ar leis Arramara, tar éis socrú a dhéanamh an comhlacht a dhíol le hinfheisteoir as Ceanada. D'fhéadfadh sé tarlú gur i lámha príobháideacha a thitfeadh an ceadúnas.

Tá go leor ceisteanna eile ann, mar shampla, an seasamh dlíthiúil maidir le cearta fóilió na n-úinéirí talún, an deis atá ann comharchumann a bhunú leis an gceadúnas a bhainistiú, an féidir go dtabharfaí an t-achar céanna do dhá cheadúnas, agus mar sin de. Mar gheall ar an imní atá léirithe ag na hoibrithe i gConamara, táim ag iarraidh ar an Aire Stáit agus ar an Roinn dul i dteagmháil leis na páirtithe leasmhara chun dul i ngleic leis na ceisteanna seo, ar mhaithe leo sin a bhí agus atá fós ag saothrú an chladaigh ar an mbealach traidisiúnta.

As the Minister of State may be aware, there are significant concerns among coastal communities in Connemara about the traditional right to collect seaweed. I attended a large public meeting in Rosmuc last Monday evening, along with our candidate, Joe Curran, and also in Leitir Mór on Sunday evening. These concerns have been heard on Raidió na Gaeltachta and TG4. They concern an enforcement order against an individual under the Foreshore Acts 1933 to 2012 which was reported in the media. Many people in Connemara have made their livelihood out of collecting seaweed and selling it to various seaweed processing companies. Seaweed is used to produce many different products and it has become a sought-after commodity. While it is clear that legislation governs the collection of material from the foreshore, it has never been elaborated upon, put into practice or enacted in a proper way in these locations where small sole traders operate in the collection of seaweed. It is a family tradition that has been passed down through the generations in many cases.

Arramara Teoranta is a company in the Gaeltacht which has sought a foreshore licence for the collection of seaweed in much of Connemara. As it is anticipated that this company will be sold to a Canadian investor, it is feared that the licence to collect seaweed on the foreshore will be taken from those who traditionally work there and will pass to a private foreign investor.

Other issues include the legal standing of folio rights in the possession of landowners, the possibility of setting up a co-op to manage the licences, and whether two licences may be granted in the same area, one to traditional operators and one to a commercial entity.

I am not asking for an immediate response from the Minister of State but I ask for the goodwill of the Department and of the Minister with responsibility for the Gaeltacht, who has responsibility for Arramara Teoranta through Údarás na Gaeltachta. I ask that Ministers work with the stakeholders in order to find a solution that eases the concerns they have raised.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Ba mhaith liom buíochas a ghabháil leis an Teachta as an cheist thábhachtach seo a ardú. I understand that concerns have arisen recently with regard to seaweed harvesting and that these concerns may be associated with changes in the governance of Arramara Teoranta. While this is a matter for the Minister for Arts, Heritage and the Gaeltacht, I am advised that it is expected that the sale of Údarás na Gaeltachta's shares in Arramara will benefit the State through a cash consideration to Údarás na Gaeltachta, through a significant investment in Arramara, and through the future development of the seaweed sector with a consequent increase in economic activity.

My Department plays a role in regulating the harvesting of wild seaweed, and it is necessary that this valuable resource be managed appropriately to ensure it remains sustainable and that the marine environment is protected. The Foreshore Act 1933 prohibits the removal of "beach material" from any area of the foreshore. The definition of "beach material" in the Act includes seaweed, whether growing or rooted on the seashore or deposited or washed up by the action of tides, winds or waves. Seaweed that has been washed above the high water mark no longer belongs to the State. Under the Act, individuals or companies seeking to harvest wild seaweed from the foreshore require a foreshore licence from my Department. This requirement to hold a foreshore licence for seaweed harvesting has existed since the enactment of the Foreshore Act 1933. I understand, however, that folio rights may exist in certain cases and that deeds to privately owned land adjacent to the foreshore may, in some instances, grant limited harvesting rights. My Department is seeking advice on how such rights interact with the legislation.

While private individuals may have been taking seaweed in small quantities for personal use, harvesting large quantities which might damage the seaweed crop in a particular area or have adverse effects on the marine environment is something that Ireland needs to avoid. Seaweed is a valuable resource and in recent years has become a growth industry, with seaweed now also being used as an ingredient in cosmetics, pharmaceuticals, fertilisers, organic food and animal health supplements.

A number of foreshore licence applications for seaweed harvesting have been received by my Department and are currently under assessment. These applications vary considerably and are made by both individual and commercial harvesters. I am acutely conscious of the need to strike a balance between protection of our national resources and the avoidance of an excessively bureaucratic or burdensome regulatory system.

All foreshore licence applications are subject to a public consultation process, and any person may submit comments to my Department. I would encourage any person who may have concerns about any aspect of a foreshore licence application to make those concerns known to my Department during the public consultation phase of the application.

Photo of Derek NolanDerek Nolan (Galway West, Labour)
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Mar a dúirt mé cheana, tá a lán ceisteanna le freagairt agus luaigh an tAire Stáit sin sa fhreagra. Táim ag iarraidh uirthi cruinniú a eagrú le Teachtaí Dála as Gaillimh Thiar chun caint faoi na fadhbanna agus faoin imní atá ar an bpobal.

I thank the Minister of State for her reply. I acknowledge that the remit of her Department only covers part of the matter. The Department is seeking legal advice as to its obligations. I ask if the Minister of State would agree to meet Members from the Galway West constituency who have attended these meetings and if Deputy Dinny McGinley, the Minister of State with responsibility for the Gaeltacht, could be invited to the meeting in order to be given a holistic view on this issue which would result in a productive working group to air these issues. The practice of collecting seaweed and the foreshore legislation have been in place for many years. As the situation evolves, the structures may need to change. Many families and individuals have engaged in this way of life for years. I ask the Minister of State to agree to a meeting with Members from Galway West, and I ask her to invite her colleague Deputy McGinley to attend the meeting. Such a meeting would air these issues so that the Government is seen to work with these communities and not against them.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I am very aware of the legitimate public concern about these issues. I have no problem with having a meeting. I will consult with the Minister of State, Deputy McGinley, as to his responsibilities. I am sure we will be able to facilitate a meeting in the near future.

The Government has approved the general scheme of the maritime area and foreshore (amendment) Bill, and it is planned to amend and update the 1933 legislation.

There will be consultation on that issue also. The specific issue of the licensing of seaweed harvesting will be under review in the context of the Bill. In terms of what will happen in the future, that is a context in which we can work productively. The heads of the Bill have been approved, but its drafting is ongoing. Realistically, it will be the end of the year before it is brought forward, although I realise an issue will arise in the meantime. I would not have a problem with having a meeting and as such, we will see if we can facilitate one as soon as possible.

Sitting suspended at 2.32 p.m. and resumed at 2.42 p.m.