Alice-Mary Higgins (Independent) | Oireachtas source

I have had a bit of back and forth with the Minister in respect of section 3. I appreciate the information and useful tables she supplied regarding applications. My question relates specifically to the foreshore and State lands. As I understand it, while the legislation is moving back in terms of the previous periods that applied, it is also effectively removing many of the provisions of the 2009 Act relating to private easements and profits á prendreon private land. However, for State land and foreshore, some of the shifts and changes that were brought in through the 2009 Act are still there, including the period involved.

I welcome the fact that I have had some assurances and perhaps the Minister could restate the assurance that there is no question of the clock resetting to zero and the time previously required for State lands, including State foreshore land, will disappear on 30 November. That is crucially important. I know there has been some discussion of what comes next. Everybody is clear that the solution we are putting in place with this Bill is not ideal and we are at the beginning of a process in that regard. I have a concern about the time periods involved. The 2009 Act extended the time periods, moving from a 30-year requirement to a 60-year requirement for acquired rights of easement or profit á prendreon State land and State foreshore land.

I will refer to the grids, if I have them with me. As I understand it, there are two questions here. Those who had acquired time before 2009 would be in one situation. Am I right in thinking those who had started acquiring time after 2009 would be facing the requirement for a longer period? To whom does a 30-year requirement apply and to whom does a 60-year requirement apply in terms of easements? As I understood it, claims that were based on use before December 2009 were able to use the old time periods whereas claims in which all of the time involved related to the period after 1 December 2009 would require the longer period. Of course, many of them will not have achieved that yet but will achieve it later this century. I want to get clarity on that and to express some concern.

I am concerned that the 60-year period is very long. I understand that the 60-year period, particularly in the case of foreshore land being reclaimed, may create a very high bar. We are seeing extraordinary changes to our foreshore. A maritime planning Bill is before the Houses. The designation of marine protected areas and access to them should precede the marine planning Bill. That is of crucial importance. On a practical level, right around the country, we know there has always been a question about access to the sea and the shore. It is important for people. We have had many situations where a golf course has cut off that access and so forth. It is good that the changes we are making in this Bill will negate those private blockages of access to the foreshore. Where there is State land on the foreshore, it is important that we err on the side of ensuring access and connectivity. I indicate that issue. We might be able to tease it out a little more. The 60-year period is quite a long time for persons to have acquired and proved their rights. Perhaps the Minister can assure me this will not be the last part of this discussion.