Seanad debates

Wednesday, 22 October 2008

Harbours (Amendment) Bill 2008: Committee Stage

 

12:00 pm

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)

I have already said we will look at the matter again although having read my notes in more detail, I may have been rash in saying that. However, I have said it so I will stick by my promise.

This is about providing for the principles and policies that a Minister shall have regard to when making an order to extend a company's harbour limits. I have a feeling that the amendment which Senator Cummins addressed and the matters raised by Senator O'Donovan are not related. The amendment tabled by Senator Paschal Donohoe probably relates to Dublin Bay, Drogheda Harbour or the Bremore harbour area, whereas Senator O'Donovan is talking about a different issue entirely.

Section 3 outlines that the Minister, in deciding whether to make an order under this section, shall have regard to various issues. This legislation is much more advanced than that currently in place. It specifically details the principles and policies to which the Minister must commit. Section 9(3)(c)(i) as inserted by section 3 refers to: "leases made under section 2, licences granted under section 3, approvals under section 10 or consents given under section 13 of the Foreshore Act 1933". This deals with much of what Senator O'Donovan raised, including mariculture and so forth. Coastal zone management and foreshore licences are matters for the Department of Agriculture, Fisheries and Food, although it has been suggested that some responsibility for coastal zone management will be transferred to the Department of the Environment, Heritage and Local Government. The aforementioned paragraph provides for taking into account foreshore licences or consents granted under those licences. Much of that which concerns Senator O'Donovan is covered specifically in the new section 9(3)(c)(i) as inserted by the Bill.

The original amendment may have been set in an entirely different context, that of Dublin-Drogheda or perhaps Waterford. While I do not think the amendment is strictly necessary, I will look at the matter again before Report Stage. I stress again that Senator O'Donovan's concerns are adequately dealt with by the Bill.

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