Damien English (Meath West, Fine Gael) | Oireachtas source

I thank the Senator for raising this matter in the Seanad, outlining the background to it and explaining how we have ended up where we are. I also thank him for reminding us about the importance of undertaking coastal protection works and the power of the oceans which, in turn, highlights the importance of the upcoming marine strategy which will look ahead for the next 20 years. It will deal with all of these matters and is a chance to conduct a review. I understand how crucial the coastal protection works are in ensuring the integrity of the pier and other areas in Lahinch. I am also aware of the need to have the works completed in advance of the 20919 Irish Open Golf Championship which is due to be hosted at Lahinch Golf Club in early July. I acknowledge the significant boost the hosting of the event will give to the local economy, as well as to the tourism industry in the region next May, June and July. I, therefore, welcome the opportunity to provide details of this issue to bring clarity to it. I hope we can move on the matter as quickly as we possibly can.

Before I address the specific case, I will outline my responsibilities under the Foreshore Act 1933, as amended. I am responsible for regularising the use of the foreshore in accordance with the legislative provisions set out in the Act. I must also ensure proposed developments or activities comply with relevant European legislation such as the environmental impact assessment, EIA, directives, the birds and habitats directives. In addition, I must be satisfied that any consent given under the Act is in the public interest.

The application concerned has yet to be brought before me for a formal decision. However, I can say it was received from Clare County Council in December 2016 for the repair of existing wall structures, the construction of a new rock armour revetment and other ancillary works at Lahinch. When the works are completed, they will protect public infrastructure, public property more generally and private property. They require a number of consents under the Foreshore Act, including a lease and a number of licences. I understand the importance of the project and my Department has progressed the application in the normal way. As applies to all applications of this nature, it has consulted the relevant bodies and sought the views of the public through a public consultation process.

The application has also undergone a technical examination by the marine licence vetting committee, an ad hocgroup of experts, that has for many years advised successive Ministers on foreshore related matters. The committee has recommended that a licence, a lease and a temporary licence for a haulage and access route be issued. This addresses most of the areas highlighted in the application for development. In addition, the council indicated in its application that an area of 0.6326 ha was in private ownership. Where work is to be carried out on a privately owned foreshore, a lease or licence under the Foreshore Act is not necessary. However, the owner of the foreshore must still submit plans and other information such as environmental data to my Department for my approval. In addition, any work carried out must be in accordance with the plans as approved. Under the Foreshore Act, this is known as section 10 consent.

As all of the foreshore is assumed to be owned by the State, unless it can be shown otherwise, my Department has sought evidence of title to this area of the property before submitting the case to me for consideration. However, the council has been unable to provide the necessary evidence. It has further advised that the property is unregistered and that there is no legal instrument. Given the complexities this presents, my Department has sought legal advice from the Office of the Chief State Solicitor which has since referred the matter to the Office of the Attorney General. My Department awaits the outcome of their deliberations. While awaiting the advice of the Attorney General, it is actively examining potential solutions, with the support of our legal advisers in the Office of the Chief State Solicitor. Once the issue of the area which is purported to be privately owned has been resolved, my Department hopes to bring the matter to a speedy conclusion. I will certainly stress to everyone the importance of trying to have the matter resolved as quickly as we possibly can.