Lynn Boylan (Sinn Fein) | Oireachtas source

I have similar concerns regarding the different prescription period proposed for State-owned land in section 3, which includes the foreshore. I echo what Senator Higgins has said. I would much prefer that we had designated protected areas before we gave planning permission for offshore wind, but that is why we are particularly concerned about this section. There is going to be so much change around our coastline.

Why should the State have a longer prescription period that is more favourable to it than that applicable to private landlords? As Senator Higgins said, a period of 60 years is proposed, which is a substantial increase from the 20 or 30 years required under the current system. It will thereby take away existing rights that may have accrued to seaweed harvesters.

There is also a difficulty faced by a claimant to rights on the foreshore through the rebuttal presumption in the Foreshore Act 1933 that the State is the owner of the foreshore if the foreshore concerned is not in private ownership. A claimant would not have access to knowledge of the ownership of the foreshore concerned. Only the private landowner would have that on his or her grant of title. In order to avoid taking rights away from, for example, seaweed harvesters who can prove 30 or 40 years of use, we will be considering essential amendments to section 3 on Report Stage. It is of the most serious concern that the change in section 3 seems to be in a completely different spirit to the effects of the other changes in the Bill which act to allow for other interests to be recognised and not to compromise them. We would welcome the opportunity to tease this out further with the Minister, particularly on Report Stage. As I said, we will probably submit amendments. We have concerns around the 60-year period, given the level of change that is going to be happening in that part of our country.