Rory Kiely (Fianna Fail)
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This is a Seanad Bill which has been amended by the Dáil. In accordance with Standing Order 103 it is deemed to have passed its First, Second and Third Stages in the Seanad and is placed on the Order Paper for Report Stage. On the question "That the Bill be received for final consideration", the Minister may explain the purpose of the amendments made by the Dáil. This is looked upon as the report of the Dáil amendments to the Seanad. For Senators' convenience, I have arranged for the printing and circulation of the amendments. The Minister will deal separately with the subject matter of each related group of amendments. I have also circulated the proposed groupings in the House. Senators may contribute once on each grouping. I remind Senators that the only matters which may be discussed are the amendments made by the Dáil.

Pat Gallagher (Donegal South West, Fianna Fail)
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Molaim don Teach na leasuithe a rinne Dáil Éireann sa Bhille seo le déanaí. The Bill was amended and passed by Seanad Éireann in October 2000. It is an important Bill which copperfastens practices for heritage protection and public consultation in the context of the dumping at sea permits. As a consequence of recommendations made in this House it requires the publication of application and permit details on the website of the Department of Communications, Marine and Natural Resources at www.dcmnr.gov.ie. Those details are available on the website since 1 January 2001 in anticipation of the enactment of this Bill. The opportunity had to be taken to amend the Bill in Dáil Éireann to give effect to a number of policy developments and to changes since 2000 in the titles and functions of certain Ministers involved in the administration of the Dumping at Sea Act 1996.

More importantly, the Bill addresses concerns about the transparency of the application and permitting process. The text of what is now section 5 of the Bill incorporates 13 Dáil amendments for that purpose.

I commend the efforts of my predecessor as Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Browne, in piloting the Bill through the Dáil and for sponsoring many of the improvements to it currently under consideration by Members of this House. I am grateful to the Members of this House, where the Bill was initiated, for their participation at that time in a very comprehensive debate, and to the Members of the Dáil.

With the Cathaoirleach's permission and for the benefit of the House I will give some explanations of the amendments. Amendments Nos. 5 and 8 deal with policy developments.

Rory Kiely (Fianna Fail)
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We must first deal with group 1, the subject matter of amendments Nos. 1 to 3, inclusive, and amendments Nos. 6, 9, 25 and 31. Group 2 relates to the subject matter of amendments Nos. 4, 7 and 23 and group 3 is the subject matter of amendment No. 5.

Pat Gallagher (Donegal South West, Fianna Fail)
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Amendments Nos. 1, 6, 9 and 25 are merely stylistic, drafting amendments, substituting references to the principal Act for references to the Dumping at Sea Act 1996. Amendments Nos. 2, 3 and 31 are consequential to amendments Nos. 1, 6, 9 and 25. These stylistic amendments do not affect the Bill in any way.

Amendments Nos. 4, 7 and 23 merely reflect changes since the Bill was passed by this House in October 2000 in the titles and functions of the various Ministers involved in the administration of the Dumping at Sea Act 1996. The amendments reflect the additional functions and changes to the titles of the Ministers. For example, since the Bill was passed, the Minister for the Environment and Local Government is now the Minister for the Environment, Heritage and Local Government.

Amendment No. 5 closes the gap in section 2 of the Dumping at Sea Act 1996 for deterrent purposes. It includes persons who hire vessels or aircraft which are involved in offences under that Act among the persons chargeable with such offences. The owner or owners of the vessel or aircraft concerned and the person or persons in charge thereof at the time of the offence are already chargeable with the offence as the law stands. This is an improvement in the Bill.

Amendment No. 8 comprises 3 paragraphs (d), (e) and (f) to be substituted for paragraph (d) in lines 5 to 7 on page 4 of the Bill as passed by Seanad Éireann. Paragraph (d) updates references to certain Ministers in the Dumping at Sea Act 1996 to reflect changes since then in the titles and functions of the various Ministers who are involved in the administration of that Act. Paragraph (e) empowers the Minister for Communications, Marine and Natural Resources to make regulations for the charging of application fees for dumping at sea permits and fees for applications for amendment of such permits.

As already stated, Dáil Éireann made 13 substantive amendments to what is now section 5 of the Bill, dealing with applications for dumping at sea permits. I refer here to amendments Nos. 10 to 22, inclusive, which comprise four distinct groups. They are intended to enhance substantially the transparency of the application and permitting process and address concerns expressed by Deputies Broughan, Coveney and Eamon Ryan, whose contributions I readily acknowledge.

Amendments Nos. 10 to 13, inclusive, relate to section 5(2) and impose additional requirements to be met in public notices of applications for dumping at sea permits, namely, the inclusion of a user-friendly brief sketch map of the site or sites concerned, details of the nature and quantity of the material or substance to be dredged or disposed of at sea and details of the dredging and dumping methods proposed. These new requirements have already been fully implemented, with good results, by the Shannon-Foynes, Cork and Drogheda port companies and Louth County Council. Since these proposals have come into play, the companies applying are providing user-friendly maps. Heretofore, there was no necessity to focus precisely with regard to the area on a map. Companies have been following the new method and it has been working quite well.

Amendments Nos. 14 to 16, inclusive, and Nos. 18 to 20, inclusive, relate to section 5(3) and (6). Amendments Nos. 14 and 18 require publication in a national newspaper of notice of urgent dredging needed for purposes of navigational safety, while amendments Nos. 15 and 19 require the public notice to give the reason or reasons for the urgency advanced by the permit applicant.

Amendment No. 16, to subsection (3), extends from 21 days to one month the period within which the public may make submissions or observations on applications for dumping at sea permits which do not relate to routine maintenance dredging over a period of not more than 12 months. An example of this would be multi-annual maintenance dredging proposals, proposals to improve or create navigable channels or proposals for new dumping sites. A one month consultation period applies to applications under the Foreshore Acts which require an environmental impact statement, including those relating to port improvements involving dredging.

Amendment No. 20 to subsection (6) places the onus on applicants for dumping at sea permits to respond to any submissions or observations from the public within 21 days after receiving a copy thereof or risk having their applications considered by the Minister at the end of the 21 day period in the absence of their response.

Amendment No. 17 relates to section 5(5) and was sponsored by Deputy Broughan. It obliges the Minister, within ten working days after the end of the public consultation period, to forward to the permit applicant for comment a copy of any submissions or observations received from the public in respect of an application. The Bill as originally published did not impose a time limit for so doing. We are pleased that there will be an obligation on us to provide the material to the applicant within a period of two weeks, that is, ten working days.

Amendments Nos. 21 and 22 relate to section 5(7) and ensure that the Department's website will contain a copy of the required public notice of all permit applications, and applicants' comments on observations or submissions from the public, from 1 August 2004, as well as details of decisions on permit applications or to amend or revoke permits from 1 January 2004. This copperfastens transparency arrangements by clearly linking permit applications and decisions and recording any amendments to or revocations of permits so that interested parties are kept fully au fait with the position at all times. Details of permits granted are available on the Department's website as part of the accessible statutory register.

Brendan Kenneally (Fianna Fail)
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There has been much debate and media attention about illegal dumping. There have been instances of domestic and commercial waste moving from the Republic of Ireland through the North and on to Scotland and elsewhere. I accept that this legislation has not yet been enacted. However, under the Dumping at Sea Act 1996, have prosecutions been taken in respect of people involved in moving domestic or commercial waste via the sea and dumping it? Is it permissible for anyone to apply for a licence to dispose of such rubbish at sea? Is it possible to grant such licences and have any been granted?

Pat Gallagher (Donegal South West, Fianna Fail)
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The Senator's initial point is no longer part of my remit but we dealt with this matter on numerous occasions when I served in the then Department of the Environment and Local Government. Illegal cross-Border dumping appears to be big business. Waste to be disposed of in this way is not just coming from Border counties; it is emanating from counties situated much further south.

As regards his question on prosecutions for dumping, there have been no such prosecutions. I greatly admire all those who apply, particularly the port companies, because they have complied with the new conditions set out in the Bill, even though it has yet to be enacted. We have received good co-operation from those applying, even in terms of providing the user-friendly maps recommended by the Department. The more information submitted with an application, the more expeditiously a decision can be taken. I take this opportunity to inform those who will apply for permits in the future that they should provide as much information as possible and engage in more contact with the heritage section of the Department of the Environment, Heritage and Local Government, the Department of Enterprise, Trade and Employment, the regional fisheries boards, local authorities and harbour authorities to ascertain their views, etc. This will ensure that applications are fast-tracked.

As regards larger projects, decisions on dredging are not taken overnight and permits are not sought immediately. In such cases, a lead-in period will apply, although it will not necessarily apply for urgent projects. A fast-track approach is adopted, for example, where dredging or dumping is urgently required for navigational purposes. Having given a long-winded answer, the short answer is "No".