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)

We should take what the Senators have said section by section and amendment by amendment.

Section 3, with which we are dealing, states this is necessary to take account of the court rulings in the Cityview Press and the Mulcreevy cases with regard to the power of a Minister to alter the limits of a company's harbour. This is what we are discussing. As I stated, the section outlines the principles and policies to which a Minister shall have regard when he or she extends a harbour's limits and boundary.

I understand the point being made and a 17 or 70 month delay occurring in obtaining licences sounds serious but it is not relevant to our Department. SACs were mentioned and the designation of such would be taken into account in any planning applications as would the preparation of EIAs. Most of what Senator O'Donovan referred to is covered under the clause about foreshore licences. I do not mind re-examining it and my previous remarks were in connection with what I saw as the original amendment, which considers it from a different aspect.

I understand what Senators O'Donovan and McCarthy stated and their concerns are covered. With regard to their wider concerns, I am not an expert on fisheries and that is being modest. I will not state how much or how little I know but I am not as knowledgeable as either of the Senators from that part of the world. They may be correct in many respects but with regard to what we are doing here, any fears they have are adequately covered. I stated we would examine it to see whether the amendment would strengthen it.

I do not know whether this amendment would be of much use with regard to the issues raised by Senators O'Donovan and McCarthy. I am not sure what is stated in the Cork county development plan with regard to mariculture or whether it is included. The Senators might comment on that and we will re-examine it with regard to the various matters raised.

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