Dan Boyle (Green Party)

I welcome the introduction of the Bill and hope it is implemented as early as possible. It is important in a number of respects. It provides for rationalisation in that it makes sense of the question of how the foreshore can be used sustainably and who is responsible for making sure it is used sustainably. There has been a great deal of confusion and, as a result, unnecessary delays in dealing with the question of how applications can be made for the use and protection of the foreshore through a licensing process.

This dual purpose Bill also has another important role which has not been referred to in the debate to date and which was not mentioned in the press release that accompanied its publication. It relates to a commitment in the 2007 programme for Government which was reiterated in the revised programme recently agreed. Ireland is the last country in Europe to sign the Aarhus declaration on freedom of information on environmental matters. This cannot evoke a great deal of pride for an island nation that presents itself as a green country in appearance, if nothing else. In passing the Bill we will overcome an important obstacle and will at last ratify a declaration signed several years ago and which we have been too slow to implement. I cannot emphasise enough the importance of the ratification of the Aarhus declaration because it will change the nature of environmental law in the State and offer a different perspective for citizens who campaign on environmental grounds for the sustainable protection of our environment. We will witness the fruits of this within a short period.

As previous speakers correctly said, unnecessary delays were caused by the confusion about which Department was responsible for foreshore licensing. Up to five Departments had responsibility for such licensing at different times. The rationalisation of the licensing process to be overseen by two Departments and ensuring one State agency has responsibility for monitoring dumping at sea makes eminent sense not only in the context of environmental protection but also in that it provides for the proper sustainable use of the foreshore for economic purposes. Several Senators referred to the potential of renewable energy projects and how they have been stymied by this confusion. I refer to the delay in the Oriel offshore wind farm project, the backers of which are waiting for the confusion to be dispelled and for this legislation to be passed. I encourage Members of both Houses when examining this legislation to ensure it ultimately is passed to allow important economic and energy projects to develop.

This Bill is linked with the Planning and Development (Amendment) Bill 2009. There has been a question about how to link the need to control and protect the environment with the need to develop economically. I am not sure whether other Senators made their contributions from a proper perspective. I represent the Green Party which has an environmental perspective. Historically, we have got that perspective wrong. We need an appropriate rebalancing of our legislation. We need Departments and State agencies to properly reflect the need to strike the correct balance about what is seen to be an economic need to achieve economic development, environmental sustainability and protection of our environment.

It is especially important at this time in our history as we go through such a serious economic adjustment that we do not make decisions which are panic reactions to our economic circumstances to achieve a short-term economic gain by promoting projects that will result in long-term environmental damage. We have a responsibility, as legislators, to make sure our legislation is framed in such a way that this temptation is avoided and to make sure not only that the wording of legislation is clear in order that those who must implement it know what needs to be done but also that the legislation itself informs the culture needed to sustain national environmental assets in the long term. We want to benefit many generations to come.

These simple principles should inform legislation such as this. As Senator Bradford said, it has been delayed for too long. I am frustrated that it has taken two years to present such a simple, short Bill to the House but I am glad it has finally been introduced. I am especially pleased about the doors it will open by setting down new markers for legislation and the cultural standards we want to apply to the protection and sustainability of our environment.