Tony Killeen (Clare, Fianna Fail)

I thank the Cathaoirleach and the Members of the Seanad for facilitating the introduction of this Bill at this stage because, as a number of speakers said, there is some urgency attached to dealing with the matter. I am delighted to have this opportunity to introduce the Bill and I thank the Senators who contributed to the debate.

Senator Bradford asked about the reason for the delay in introducing it. It is important to point out that the transfer of responsibility has been done in two phases. The first phase occurred just over a year ago when a number of areas of responsibility were transferred to the Department of the Environment, Heritage and Local Government and the remaining phase is provided for in this legislation. However, it is important to stress that in the intervening period and prior to the 2008 transfer there has been very close co-operation between the two Departments and a number of officials in both have been working together to ensure the transfer goes smoothly and that people are aware of all the issues that arise.

A critical point is that 57% of the land area of the country is the foreshore. Relative to other countries in Europe and internationally our foreshore constitutes a very high proportion of the land area of the State. In terms of correlation with the population and resources of the country, it poses a daunting challenge, having regard to all the European legislation and directives that have to be taken into account, to try to move to where every Senator who spoke would want us to be at, which would be to have at least an adequate, and perhaps the most modern possible, regime for the foreshore. It is also important to remember that in other countries, not only in Europe but elsewhere, this is a challenge that has been faced with considerable difficulty. It is no harm to learn from other people's mistakes and also to learn from best practice in other jurisdictions.

A number of Senators referred to the work that is being done by the Joint Committee on Climate Change and Energy Security across a range of areas but especially on the proposed Bill. I am sure that is something the Minister for the Environment, Heritage and Local Government will examine when he moves to the next phase.

Senator Bradford asked about consultation periods. The fact that there was not a defined period has caused frustration for Senators, Deputies and local authority members throughout the country. Section 12 of this Bill provides for the Minister for the Environment, Heritage and Local Government to introduce regulations to specify the period within which the statutory consultees must respond. If one were to ask me how this would make things happen more quickly, this would be an important element in delivering in that respect.

Senator Bradford also asked a number of questions about proceedings before the courts. I do not have the detailed answers to those but I will try to get them for him. A considerable number of cases are before the courts. He also asked about the transfer of responsibility to the EPA and whether the resources of the authority will be sufficient to take on that challenge. In the first instance, the Vote for the EPA comes under Department of the Environment, Heritage and Local Government, but there is a provision in the Bill specifying that the charges go directly to the EPA rather than the Exchequer. Hopefully, that will be of some assistance.

Senator O'Donovan asked if the legislation would help to expedite licences. The provisions in section 12 will be a move in the right direction in that respect. He also asked if this legislation is an exercise in transferring the blame. It is important to remember that it tries to align the responsibilities for spatial planning on land with the responsibilities for spatial planning in the sea. The local authorities have responsibility for their own county development plans and the Department to which they respond, in the main, is the Department of the Environment, Heritage and Local Government. That is the appropriate place to have most of the responsibilities, apart from the ones that are directly concerned with sea fishing, aquaculture licensing and the six designated fishery harbour ports. That is what is being done in this case.

On the issue of wrecks, which Senator O'Donovan raised, it is a matter for the receiver of wrecks, which comes under the Department of Transport. The Senator also raised a question about foreshore licences held by private individuals. I will get the answer to that question for the Senator because I do not know about that matter.

Senator O'Donovan raised the issue of the dumping of noxious materials, which is an important issue. The dumping at sea functions, which are technical in any event, are transferred, properly in my view, to the Environmental Protection Agency. The Senator made the important point that we must not sell out the potential of aquaculture. I think he was blaming the environmental lobby, in my view somewhat unfairly, because we must be cognisant of the fact that we have a European Court of Justice judgment of December 2007 on our record in matters of this nature. We must take account of that and deal with it. We are trying to advance that and I am happy with the level of co-operation I am getting from the Department of the Environment, Heritage and Local Government and the Department of Communications, Energy and Natural Resources. It is a complex challenge.

I thank Senator McCarthy for not forcing me to get up at 2 a.m. to take the Adjournment debate last week. I was more than happy to provide the answer. I do not mind going to bed at 2 a.m. but I am not too happy about getting up at that time.

The Senator quoted the 1998 report which stated that fundamental change was needed in this area. That is the case but we are trying to learn from experiences elsewhere, and other countries are having as much difficulty as ourselves. The marine co-ordinating group, with which I work closely and which is chaired by the Department of the Taoiseach but which I co-ordinate, has brought together sometimes as many as 12 Departments which have responsibility in the marine area. We are beginning to develop a framework that will enable us to have a much more coherent all of Government approach in this area. It will take some time but we are moving in that direction.

Senator McCarthy made a comment about the diminution of democracy in extending the role of the EPA. It is important to distinguish pretty technical areas such as those dealt with by the Radiological Protection Institute of Ireland and the EPA and some of the other areas where lay people such as ourselves might have a positive input. In this instance, the EPA is the appropriate authority. Under the OSPAR Convention we have obligations in that regard. I wish it were correct for the Senator to state that the Irish EU Commissioner had responsibility for fisheries. It would certainly make my job a good deal easier.

Senator O'Malley referred to the issue of offshore licences, which has been discussed at considerable length at the Joint Committee on Climate Change and Energy Security. Some very interesting submissions have been made. Some people refer to missed opportunities in the area of offshore wind. It is worth remembering that offshore licences have been granted and approved for 420 turbines but only seven have been built. Some of the licences date back a considerable period. There are issues related to grid connectivity and other issues which might not spring to mind immediately, including the availability of highly developed engineering works and a sufficient level of port accessibility and suitability for some of the very large work involved in the offshore area. This has been one of the relevant factors in the debate. Ultimately, the important point is that the Bill will align marine spatial planning with onshore planning.

Senator Coffey argued that the legislation does not go far enough. It is important to draw a distinction between what is intended, that is, the alignment of the functions, and what will take place when the determination is made in respect of the way with which the entire offshore area will be dealt. That will take place some time in the future. The Senator called on me to ask my Cabinet colleagues to listen to the Joint Committee on Climate Change and Energy Security. Since I am not in Cabinet, they are not my colleagues in that sense but I would be pleased to pass on the message.

Senator Boyle referred to the Aarhus Convention. I am unsure but my understanding is that Ireland has already signed the declaration and that it applies to foreshore issues already, although it may need to be ratified and implemented in other areas.

Several Senators pointed out there has been confusion in respect of the responsibility of various Departments up to now. However, the matter is somewhat more deep-seated. An amount of work remains to be done to bring us to the stage where we can deal with applications that relate to foreshore matters in the same manner as those on land. As I mentioned, there are grid connectivity, engineering and port resources issues that must be dealt with.

Senator Quinn mentioned the potential of aquaculture, which I welcome because we are somewhat in danger of being adherents to the attractions of technologies that in some cases have not produced one watt of electricity yet, while perhaps overlooking those nearer to us which have tremendous potential. For example, let us consider the salmon farming industry. At present, Ireland produces almost 10,000 tonnes, most of which is produced to a very high standard and which yields a premium price because it meets the standard. We began the enterprise at the same time as Scotland, which currently produces approximately 140,000 tonnes, some 14 times our production and at the same time as Norway, which produces 750,000 tonnes. A great deal of potential has not been realised and it would be a great pity were we to overlook our potential in the offshore area.

Senator Quinn also referred to the fact that the European Investment Bank and others are prepared to support wind projects in the UK. He asked if the same could be done here and I believe many players are considering this. Let us bear in mind that the price of electricity from renewable energy is supported by Government guarantee. This may not always be in place. The question of viability was raised, a difficult question to address. It is dependent on the price of and access to fossil fuels. This is one of the determinants in respect of whether wind energy and other renewable energy sources are as viable as they appear to be in the long term. My strong view is they are the way to go and that we must proceed with as much enthusiasm as we can muster and ensure the interests of the taxpayer are looked after simultaneously. The Senator referred to delays caused by planning objections. The section 12 provisions will address this matter in respect of the foreshore. He also raised an important issue in respect of generating capacity in the UK and there is a similar potential problem here in that regard.

Senator Keaveney referred to the funding post 2013 and the fact that some of the Baltic nations have come together to bring forward proposals for their foreshore and offshore resources, an issue the marine co-ordination group has been examining. I commend the Dublin local authorities because they have done some very positive work in this regard and the matter is worth examining.

I refer to the vexed question of Lough Foyle, the Loughs Agency and the Crown Estate. This matter is being dealt with by the Department of Foreign Affairs and other Departments. Some progress is being made, although I understand it is not at the negotiating phase at present. Senator Burke mentioned the size of the foreshore and its potential but he also referred to the challenge in terms of resources. He referred to grid connection, a particular difficulty in Mayo, and the potential to export energy ultimately. This will determine whether the area is as viable as it is represented as being.

I thank all Senators for their contributions. I was very pleased to have the opportunity to introduce the Bill in the Seanad. Clearly, people have given considerable thought to the issues. It will be the responsibility of the Minister for the Environment, Heritage and Local Government to bring forward the next tranche of legislation. I will try to ensure the marine co-ordination interdepartmental group does everything possible to facilitate this and to provide whatever information may be needed.