Seanad debates

Thursday, 28 October 2004

Dumping at Sea (Amendment) Bill 2000 [[i]Seanad Bill amended by the Dáil[/i]]: Report and Final Stages (Resumed).

 

11:00 am

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)

There are no vacancies. In response to Senator Quinn, I accept that the Bill has been around since 2000. It was a question of finding a slot. It might not be a great defence but perhaps if the Bill had been enacted then, we might have had to wait a much longer period to improve it. While this is the only defence, I thank all speakers for their contributions.

In exercising the Dumping at Sea Acts' functions as delegated to me by the Government, I will insist on the fullest examination of alternatives to the disposal of material at sea, and allow disposal at sea only where there is no alternative and where the material in question is adjudged on scientific advice to be suitable for disposal at sea. The obvious example, if it were cost effective and practical, would be in regard to the reclamation of land, which makes much sense. I will also ensure that material is disposed of at sea at an appropriate location and in an appropriate manner.

Senators will be happy to note the reclamation of over 28 acres of land at Killybegs fishery harbour centre by the use of dredged material. Further such opportunities will be availed of at Port Oriel, Clogherhead, and at Castletownbere fishery harbour centre and elsewhere where major developments are planned. I confirm that any permit granted under the Dumping at Sea Act is subject to review by me at any time and I will not hesitate to amend or revoke a permit if I should have any cause to do so, as that Act specifically empowers me to do.

Senators should note that, at my Department's insistence, five-year dredging and dumping plans for ports are being prepared and will be published as part of the necessary consultation with the public and statutory consultees in regard to dumping at sea permit applications by the ports in question. Already, five-year dredging and dumping permits have been granted to the ports at Cork, Drogheda, Dublin and Waterford and, most recently, to the Shannon Foynes Port Company. Other major ports will be encouraged to follow suit as soon as possible.

The preparation, publication and updating of such five-year plans makes sound business sense, as well as appropriately informing the public of proposed significant activities on State-owned foreshore which could be of particular interest to them. More importantly, such five-year plans allow timely and full consideration of alternatives to disposal at sea, notably beach nourishment and land reclamation.

Following the granting of a dumping at sea permit for a period of up to five years, covering several dredging and dumping operations as detailed in the port's five-year plan, it will suffice for the port in question to publish a notice of intention to dredge and dump within specific areas as needs arise, which is common sense. Such a notice of specific dredging and dumping is a timely reminder to any persons who may be affected, so as to allow the approved and necessary dredging and dumping operations to go ahead without interference or delay.

In conclusion, the Bill strengthens substantially the Dumping at Sea Act 1996 so as to ensure the continuance of a robust statutory framework for protecting important marine heritage as well as the marine environment generally. I am fully committed to operating the Act as amended by the Bill, and to the ongoing enhancement of the Department's website in regard to the application and permit process for the benefit of all concerned. Following enactment of the Bill, I will arrange with the Attorney General for the early publication of a formal restatement of the 1996 Act, as amended by the Bill, for the benefit of interested persons, of whom there are many.

While understanding a Bill is difficult for many people, we must ensure it is as consumer-friendly and citizen-friendly as possible so we can access and update its contents, and, in computer terms, cut and paste this information. It will not be necessary to read the principal Act, or the Bill in conjunction with it, because all of the legislation will be incorporated. Members will recall we have this power as a result of legislation introduced by the Minister for Justice, Equality and Law Reform in 2002.

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