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Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: I support the amendment. I cannot understand why there could not be a faster track licensing system for licensing anything located at sea. We need to segregate those applications which have had an extension of the planning legislation towards them. In other words, there is a distinction between onshore applications and marine applications. Where they are purely marine applications, I...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Section 6(1) proposes inter alia to insert the following: 1C.--- References in the Foreshore Acts 1933 to 2009 to foreshore belonging to the State shall be construed as references to foreshore which for the time being belongs to the State, including foreshore so belonging whether by virtue of Article 10.2 of the Constitution or otherwise.". What is meant by the phrase "which for the time...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: There are references in the old case law to 17th century grants by the king of rights to the foreshore. I would like an assurance from the Minister that in phase 3 - the next piece of legislation - there will be an absolute quenching of any such rights, which are an abuse of the constitutional position under Articles 10.1, 10.2 and 10.3 and have caused incredible grief in different places....

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: There must be a commitment from the new authority that it will vindicate the constitutional right of the State under Article 10.3. It is the State, on behalf of all of the people, that owns all resources on the foreshore. Therefore, any attempt to exclude the public is wrong and unconstitutional. I ask that the new authority, when it moves to the Department of the Environment, Heritage and...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: There is.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Much of this can be facilitated. The amendment is reasonable. We will be defeated this evening, but the advantage of preparing for the third phase of the legislation is that some fundamental principles need to be laid down such as are contained in this amendment, namely, the concept of the public ownership of the foreshore, the concept of public usage, the concept of balanced multiple and...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: I move amendment No. 4: In page 12, between lines 5 and 6, to insert the following: "(4) The making of submissions by a local authority under regulations under this section or under section 19A shall be a reserved function.". Put simply, this means a consultation with a local authority could, if one just leaves it like that, be a consultation with a nominated official such as a director of...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: It is set out in planning legislation and it has not worked. The Minister of State draws on his experience and I draw on mine. There is a greater flair for efficient, fast consultation with those who are making a proposal than for wanting to embrace the views of the public in a wide way. I am committed as a person elected to an assembly. For a long time I was a member of two local...

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Indeed.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Like the city manager of Dublin who was not criticised by another city or county manager in the whole country.

Foreshore and Dumping at Sea (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (3 Dec 2009)

Michael D Higgins: Yes.

Departmental Agencies. (3 Dec 2009)

Michael D Higgins: Yes.

Departmental Agencies. (3 Dec 2009)

Michael D Higgins: Will the process be completed within the lifetime of the Government?

Departmental Agencies. (3 Dec 2009)

Michael D Higgins: A single Department is needed.

Departmental Agencies. (3 Dec 2009)

Michael D Higgins: It is a great pity we are not at the third phase.

Departmental Agencies. (3 Dec 2009)

Michael D Higgins: That is right.

Written Answers — Pension Provisions: Pension Provisions (3 Dec 2009)

Michael D Higgins: Question 46: To ask the Minister for Finance if he intends to introduce legislation which would allow credit institutions to go after-self administered pension funds in order to fulfil borrowing requirements or personal guarantees; and if he will make a statement on the matter. [44891/09]

Written Answers — National Asset Management Agency: National Asset Management Agency (3 Dec 2009)

Michael D Higgins: Question 60: To ask the Minister for Finance if he has been approached by any interested parties with respect to taking shareholdings in the National Assets Management Agency's special purchase vehicle; and if he will make a statement on the matter. [44892/09]

Written Answers — Hospital Waiting Lists: Hospital Waiting Lists (3 Dec 2009)

Michael D Higgins: Question 140: To ask the Minister for Health and Children the position regarding the case of a person (details supplied) in County Galway; if she will support this case; and if she will make a statement on the matter. [45174/09]

Written Answers — Human Rights Issues: Human Rights Issues (3 Dec 2009)

Michael D Higgins: Question 175: To ask the Minister for Foreign Affairs his views on the recent arrest by Israeli authorities of a person (details supplied) at the border terminal between Jordan and the occupied West Bank; his further views on reports that this person has not been charged with a crime, which has led their lawyers to believe that the person is being held due to advocacy work; if this matter...

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