Simon Coveney (Cork South Central, Fine Gael)
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Question 29: To ask the Minister for Agriculture, Fisheries and Food his views on the state of the foreshore legislation; the person who currently has responsibility for updating this legislation; his views, in the context of his plans to expand offshore wind capacity here, on whether such an updating is needed; his plans to work with the Department of the Environment, Heritage and Local Government on this issue; and if he will make a statement on the matter. [28230/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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My Department has responsibility for foreshore functions under the Foreshore Acts 1933 to 2005. When considering applications under the Foreshore Acts, including offshore energy projects, the role of my Department is to ensure the protection and sustainable development of the foreshore.

A consolidation and streamlining of the Foreshore Acts has been under consideration for some time. This is intended to provide a modern, effective and integrated legal framework for the management of the State's foreshore estate in the future. Preparation of these proposals will take account, among other things, of the EU Public Participation Directive, the principles in the EU Recommendation on Integrated Coastal Zone Management, the outcome of the EU Maritime Green Paper and the EU Marine Strategy Directive.

The Government decided on 2 October 2007 that responsibility for certain foreshore licensing functions under the Foreshore Act 1933 including in respect of all energy related developments would transfer to the Department of the Environment, Heritage and Local Government. This requires primary legislation which is currently being prepared. My Department is currently putting in place the necessary arrangements, including the assignment of additional staff from within its overall resources, to ensure the efficient and effective transfer of the appropriate legislation and associated functions.

In the interest of efficiency and effectiveness it is considered appropriate that the review of the Foreshore Acts should await the completion of the transfer of the relevant elements of the Foreshore functions to the Department of the Environment, Heritage and Local Government. This is particularly important in view of the fact that both departments will have responsibility for different aspects of Foreshore management.

My Department will continue to work closely with the Department of the Environment, Heritage and Local Government in the context of progressing the various elements required to develop the appropriate coastal zone legislative and management framework.