Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I thank the Senator for highlighting these important marine environmental issues. I know that she is passionate about the marine environment and all of the issues connected with it, as was evidenced by the debate on the Private Members' Bill she introduced in this House in November 2016 to prohibit micro-beads.

On the proposed legislation on micro-beads, work has been ongoing on the matter in the Department of Housing, Planning and Local Government which has responsibility for it. In February it launched an online public consultation process on a proposed legislative ban on certain products containing plastic micro-beads. It received just over 3,000 responses. The volume and diversity of the responses received suggest civil society and relevant stakeholders are extremely interested in these matters and, more broadly, show an awareness of marine environmental matters. The Department is in the process of assessing the very large volume of submissions received and this exercise will inform the subsequent process of legislative development. As highlighted in previous debates on this issue, any proposed national prohibition on products containing micro-beads which might have implications for the principle of the free movement of goods in the European Union would require the approval of the European Commission and be required to be compatible with EU Single Market rules. The Department will forward the required notifications to the European Commission and the World Trade Organization, WTO, as soon as the relevant draft legislation has been developed to a sufficient point.

The Government is committed to development of primary legislation to provide for the creation of a network of marine protected areas, MPAs, in accordance with the requirements of the marine strategy framework directive. Of course, as the Senator will be aware, with regard to special spatial protection measures for the marine environment, we are not starting with a blank canvas. There is already a significant number of protected areas under the EU birds and habitats directives which are regulated by my colleague, the Minister for Culture, Heritage and the Gaeltacht. They include a significant number of special areas of conservation and special protected areas. The intention is to add new types of marine spatial protection measure to the existing measures and, over time, provide for the designation of a coherent and representative network of marine protected areas. The intention is to allow for the designation of various types of marine protected area by regulation, including their geographical delineation and the provision of the necessary special protection measures required for the marine protected area in question.These regulations will identify what human activities, if any, need to be managed, or limited, in each potential marine protected area, MPA, and will identify the time periods where such restrictions apply.

In terms of legislation, the approach is to include the provisions regarding marine protected areas in the forthcoming maritime area and foreshore (amendment) Bill which is being developed by the Department of Housing, Planning and Local Government. That Department is awaiting further advice from the Attorney General on this legislation. As the process of implementation of any legislation is of paramount importance, it is envisaged that this legislation will also provide for enforcement powers and create penalties for offences where they do not currently exist in law.

Leaving aside the current work on microbeads and marine protected areas, the Department of Housing, Planning and Local Government develops marine environment policy, principally through the implementation of the marine strategy framework directive, MSFD. The MSFD forms the basis of our sustainable interaction with our marine environment. The purpose of the MSFD is to integrate environmental considerations into all aspects of marine policy and activity in order that we maintain or reach a point of good environmental status, or GES, in our seas and oceans and, thereafter, that we ensure that this status is maintained through sustainable use of our seas. The directive requires that we assess our marine environment, develop GES targets and indicators, monitor our environment in light of these, and, where necessary, introduce a programme of measures to address issues affecting GES being achieved.

I am pleased to inform the House that the Department has started preparation for the second cycle of the multi-cycle, multi-phase marine strategy framework directive. A good deal of knowledge has been gained in the initial cycle of the process, and it is intended to build on this experience for the second cycle. This will see improved descriptions of all aspects of the marine environment and the environmental targets associated with them. The second cycle will also see the development of a more effective monitoring programme and programme of measures. The Department also intends to address gaps identified subject to financial constraints, science-knowledge advances and technological developments.