John O'Mahony (Fine Gael)
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I welcome the Minister of State at the Department of Housing, Planning and Local Government, Deputy Damien English

Martin Conway (Fine Gael)
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I, too, welcome the Minister of State.

There is an interesting backdrop to my Commencement matter. As we all know, applying for a foreshore licence is a long, difficult, slow and tedious process. At 6 a.m. on 4 January 2014 the shoreline in the village of Lahinch, County Clare was destroyed. Millions of euro worth of damage was caused and the incident had a significant impact both on the lives of the community and businesses in the village. To be fair, everyone rallied around and a significant job of work was done to restore the village. With the support of Clare County Council, the Department of Housing, Planning and Local Government, the Office of Public Works and all other stakeholders, together with business people, the streetscape, promenade and general facilities in Lahinch are superior to what existed pre-2014. Obviously, because of the climatic changes we are experiencing, the difficulties and challenges remain. I refer to the effects the Atlantic Ocean could have if a similar incident was to happen.

The Department has spent several million euro, through Clare County Council, in installing coastal protection features along parts of the promenade in Lahinch. Work still has to be done on a significant part of the promenade, but it has been earmarked and funding is available for it. There is one small problem, that is, the granting of a foreshore licence. I have been advised by officials of Clare County Council that the process has been continuing a long time and that if the foreshore licence was granted, that the coastal protection works would be carried out very quickly. When can we expect the foreshore licence to be granted? What is the timeline? What are the issues which are delaying the granting of the licence? When it is granted, it will facilitate the quick completion of the coastal protection works which are very important. I would like to see the works being carried before the 2019 tourism season commences next April or May. Perhaps that is an ambitious target, but I have been advised that once the foreshore licence is granted, the works can commence very quickly.

Damien English (Meath West, Fine Gael)
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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.

Martin Conway (Fine Gael)
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The Minister of State has clarified the complexities and difficulties associated with the foreshore licence application. I ask him to have a word with the Attorney General to ensure his opinion is articulated to the Department of Housing, Planning and Local Government as a matter of urgency in order that the matter can be brought to a conclusion. I make my request because the Atlantic Ocean and inclement weather will not await the advice of the Attorney General or the Office of the Chief State Solicitor. The ultimate solution is for the foreshore licence to be granted to enable the coastal protection works to proceed and be completed before the Irish Open Golf Championship is held in Lahinch next July.

I again thank the Minister of State for his intervention and coming into the House to address the matter. I know that, as a result of having raised it in Seanad Éireann, there will be a new impetus to get it over the line as a matter of urgency.

Damien English (Meath West, Fine Gael)
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I again thank the Senator for raising the issue which is of local and national importance. I will discuss it with all relevant bodes to try to secure a speedy decision.

Martin Conway (Fine Gael)
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Super.

Damien English (Meath West, Fine Gael)
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My Department would like to conclude the matter to enabling the works to be completed.

Martin Conway (Fine Gael)
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I thank the Minister of State.