Malcolm Byrne (Fianna Fail) | Oireachtas source

I congratulate the Minister, his officials and the Oireachtas joint committee on all the work that has been done. The legislation is long awaited. It is really important for our coastal communities. It is important for the protection and achieving the potential of our oceans and seas and for the roll-out of wind energy. It is particularly important, as Senator Casey and I have raised with the Minister previously, to develop wind energy along the east coast in consultation with coastal communities. I particularly welcome the decision to establish MARA in Wexford. It is an appropriate location at Trinity Wharf, Wexford. The acronym MARA is quite apt given the association with the sea. However, I have occasionally pictured the Minister in the Customs House exclaiming, "Mara" from time to time as he looked to set this up. It is key that we have an authority that has the necessary powers in place. He mentioned that the enforcement provisions would be strong. I echo some of Senator Boyhan's concerns, however. It is essential that we have the necessary expertise and staff to ensure a strong regulatory agency.

I will make a couple of general observations on the Bill. This is replacing the Foreshore Act 1933, which was steered through the Oireachtas by a similarly visionary Minister, Seán Lemass. One of the key themes of that Act was the prevention of coastal erosion. Coastal erosion continues to be a major problem around the country and it will be important for this new authority that regard will be had in respect of any activity that happens at sea for the impact it will have on our coasts.

A number of colleagues spoke about the importance of research and education in this area. Some excellent work has been done by the Marine Institute. We need to invest a lot more in education on the importance of biodiversity in our seas and on their potential. On the ecological, economic and social priorities to which the Minister referred, there has to be a role for MARA working perhaps in partnership with the Marine Institute in educating the wider public. Whether that is built into the purposes of MARA is another matter but somebody needs to take that on board.

I welcome section 114, which provides that decisions will be made with on licences normally within 30 days or receipt of all required information. Regardless of the decision, being able to ensure that it is made within a fixed period provides certainty.It will be essential we have the necessary staff to do that. I hope the maritime area regulatory authority will have a preplanning process similar to the local authorities, where its staff will work with those applying for licences to ensure the process remains as streamlined as possible.

I wish to raise a specific issue regarding membership of the authority. I note section 48(1)(d) excludes members of local authorities. Similarly, under section 62(d), if one is elected or co-opted as a local authority member, one cannot become the chief executive. That is discriminatory. It is wrong that local councillors are excluded from membership. If they have a particular expertise in the area and all other things being equal, for example, if a person is a marine biologist and happens to be a councillor, there is no reason that person should be excluded. I can understand Members of the Oireachtas being excluded from membership because of the direct impact on legislation. There seems to be a habit of excluding local authority members from membership, which is wrong. Under section 54, certain individuals who are licence holders and so on are correctly excluded from membership of the authority. Interestingly, even though councillors are excluded from membership of the authority, the Bill provides for a member of the City and County Management Association to be nominated. As reflected in the word used, the person is not a nominee but a "representative" of that body. If one is a member of an authority, one should be on it not as a representative. I ask the Minister to reconsider the constitution of the board. I do not believe local authority members should be excluded from it.