Seanad debates

Wednesday, 18 November 2009

Foreshore and Dumping at Sea (Amendment) Bill 2009: Second Stage

 

2:00 pm

Photo of Paul BradfordPaul Bradford (Fine Gael)

I welcome the Minister of State. In also welcoming the Bill, I express disappointment that it has taken many months to have the legislation prepared for debate in the House. I understand from the Minister's contribution that the Bill has its genesis in the negotiations to form a Government in 2007. While I appreciate a number of Departments and agencies were involved in producing the legislation, the inordinate time required to draft it is indicative of the bureaucratic obstacles at the core of our economic difficulties. The failure to have this Bill enacted sooner has cost jobs. If we are to learn a lesson from this failure, it is that we must prevent similar delays when enacting other necessary legislation in the pipeline.

Given that the political side of the equation appears to have been settled two years ago, it is disappointing that it has taken such a long time to bring the Bill before the House. There are indications that renewable energy projects, notably in wind and wave energy, have been delayed as a result of the failure to produce this legislation earlier. The Bill must be passed and sent to the other House for approval as quickly as possible. In the current economic climate we cannot afford to delay as to do would cause further job losses.

I note from the Minister of State's contribution that the foreshore comprises 57% of the land area of the Twenty-six Counties. As such, the Bill may be light in terms of page numbers but it is significant in terms of impact. The Minister of State correctly noted that foreshore applications and arrangements were previously confined to minor projects such as small piers, jetties etc. Advances in project development and other areas mean foreshore projects now include wastewater treatment plants, commercial harbour developments, gas pipelines, wind, wave and tidal energy projects. For this reason, it is vital that we enact the legislation and send a strong signal that Ireland is open for business in terms of these types of projects.

I note the Joint Committee on Climate Change and Energy Security, which is chaired my party colleague in the other House, Deputy Seán Barrett, has presented legislation to the Government for consideration. This is the first time an Oireachtas committee has published legislation for consideration by Government. The proposed legislation focuses heavily on the desirability from an economic and environmental point of view and from the perspective of addressing climate change of making progress on renewable energy projects. One of the issues raised by the joint committee is the need to modernise our antiquated licensing system. The committee will no doubt welcome the passage of this legislation as it will allow some of the projects in the pipeline to be considered at an early date.

I ask the Minister of State to outline the reasons for the significant delay in bringing the legislation before the House. While I appreciate that widespread consultation is required when a number of Departments are involved, a delay of two and a half years is excessive. As I said earlier it is the sort of delay we must try to remove because, as we often hear, red tape and bureaucracy is stifling enterprise, development and many projects. We should remove it from all layers of society, especially Departments. The pace of production for this Bill could have been significantly better.

One statistic which is presented to us as a possible cost in terms of financial delay and loss from investment in renewable projects over recent years is the creation of 10,000 jobs or €16 billion. It is to be hoped that when we look at the stark reality of that, we will recognise that we must try to get Bills such as this through the Houses and to the Departments as quickly as possible so these types of projects can come to fruition.

I have a number of questions for the Minister of State on the consultation periods which will be required under the new legislation. There is a suggestion that the involvement of the EPA in determining foreshore licensing applications may increase the time needed to process the licences. I am told the Minister or a Minister of State will have the right to stipulate a statutory period of time within which named organisations have to respond. I ask the Minister of State to advise on that point and try to ensure delays are kept to a minimum. I appreciate when one is dealing with licensing, environmental or sensitive marine issues we have to allow an opportunity for all concerns to be raised but there must be some limits put on delays and the windows of opportunity for objections and concerns to be communicated. There should not be an infinite period of time for consultation and delay. I ask the Minister of State to advise us on that issue.

Another matter has been brought to my attention, namely, that the Minister for the Environment, Heritage and Local Government will have the right to apply to the High Court to prevent breaches of the Act. Are there cases before the courts relating to the Act? How long have they been in train? Will the Minister for the Environment, Heritage and Local Government, Deputy Gormley, inherit a large bill in the transfer of responsibility for foreshore licensing?

On the part of the Bill concerning dumping at sea, I ask the Minister of State to advise me on how many prosecutions have been made under the various Dumping at Sea Acts over recent years. The EPA will have a new significant responsibility arising from the legislation. Is it adequately staffed to deal with its new responsibility? Dumping at sea is a sensitive environmental and marine issue so we must be assured the EPA will have the financial and staffing resources in place to deal with its new responsibilities

As I said at the outset, I welcome having the Bill before us for consideration. It would be surprising if it was not passed quickly through the Houses of the Oireachtas. It is to be hoped that once it is passed there will be much greater certainty and definition regarding the sort of renewable energy projects the country needs such as wave energy and wind farms. There is an aspiration at Government level and across the entire political establishment that 35%, 40% or 45% of our energy supplies in the future could be secured from renewable sources. Wave and wind energy would be two key targets for renewable energy. Therefore, we need to put a proper regulatory framework in place to allow such projects to come to fruition. This Bill will play a role in that regard. I welcome the Bill and ask the Minister of State to respond to the issues I raised at the end of the Second Stage debate.

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