Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I am grateful to have the opportunity to bring the Maritime Area Planning Bill 2021 before the Seanad. This Bill is the most significant legislative reform of maritime governance since the foundation of the State. It seeks to establish a coherent and comprehensive marine planning system to manage development and other activities in Ireland's seas, which is one of the largest maritime areas in the European Union and seven times larger than our land mass. It covers an area of almost 500,000 square miles.

This once-in-a-generation piece of legislation is a cross-government initiative, led by my Department, and is another key commitment set out in our programme for Government. In preparing this ambitious Bill, we have listened to all stakeholders and balanced their needs in a fair and equitable manner that has the citizen at the heart of the process. The Bill provides for the long-term protection and sustainable development of the maritime area for the next generation, including the envisaged expansion of the offshore renewable energy sector, which is crucially required to meet Ireland's 2030 climate goals in an integrated and sustainable way. The Bill will largely replace the Foreshore Act 1933, which was designed for very different Ireland where relatively little marine activity took place. This Bill will put in place a modern marine planning system for a 21st century Ireland. It has been developed to cater for all types of development that range from small slipways to the largest offshore renewable energy project in a way that, most importantly, protects oceans through rigorous environmental assessment.

The new system is based around four key pillars: inclusive forward planning through the national marine planning framework with comprehensive subnational planning; the establishment of a new maritime regulatory agency to be called the maritime area regulatory authority or, as it will be known, MARA, which I have announced will be located in Wexford; development management through a structured sequential consenting system; and robust provisions for investigation, enforcement action and penalties. The Bill provides the necessary legislative tool to set for participatory forward planning, well-regulated development, streamlined consenting and a comprehensive environmental assessment of proposals.

The Bill is part of an extensive range of long overdue marine reform to which this Government is committed. That includes the following: the State's first marine spatial plan called the national marine planning framework, which, following approval from both Houses of the Oireachtas, I established in June of this year and is the existing plan in our plan-led approach; the enactment of the Maritime Jurisdiction Act 2021 earlier in the year, which confirms the extent of our maritime area; and the development or separate legislation for marine protected areas, MPAs.

Following on from the independent expert advisory group report, which was published in January of this year, and in tandem with the review and analysis of submissions received through the subsequent public consultation process from February to July, we have now commenced work on developing a general scheme for new MPA legislation. The development of this legislation will continue into 2022.

I shall briefly summarise the main elements and key features of this very large and complex piece of legislation. The Bill is comprised of nine Parts, 190 sections and 12 Schedules. Further specific detail on each section can be found in the explanatory memorandum that accompanies the Bill.

Parts 1 and 2, which are comprised of sections 1 to 39, inclusive, restate and augment the marine forward-planning provisions of the Planning and Development (Amendment) Act 2018. A high-level marine planning policy statement will guide all marine policies. The first marine planning policy statement was published in November 2019, which outlined the vision for the future development of marine planning and the marine planning system that we are legislating for here today. The policy statement sets out the Government's priorities and informs any reviews of marine spatial plans. I plan on developing a new marine planning statement following the enactment of this Bill to which all future marine policies and plans must have regard.

Ireland's first marine spatial plan, MSP, is the national marine planning framework, NMPF, which we published on 30 June of this year. It is the State's primary response to commitments under the MSP directive and provides a holistic, overarching policy framework for how we want to use, protect and enjoy our seas while incorporating ecological, economic and social priorities.

The NMPF brings together all marine-based human activities. It presents our vision, objectives and planning framework policies for each activity while recognising that our biodiversity-rich marine environment requires and needs robust protection.

The NMPF includes the designated maritime area plans, DMAPs, which are a series of interconnected subnational plans. The DMAPS will augment the NMPF. DMAPS are prepared by a designated competent authority and underpinned by a mandatory public participation statement. DMAPs may be prepared in respect of specific activities for one or more designated groups.

Part 3, which is comprised of sections 40 to 73, inclusive, establishes a new agency to be called the maritime area regulatory authority, MARA.MARA will administer and enforce marine property consents and licences and ensure compliance with offshore development consents. The establishment of MARA is the physical embodiment of this Government's maritime ambitions. It will be transformational in Ireland's marine governance, creating a centre of excellence, independent decision-making and proactive enforcement. MARA will be one of the fulcrums of inter-agency collaboration needed to properly harness and protect our ocean wealth. Once established, it will grant maritime area consents, MACs, and maritime usage licences for specified activities. It will ensure compliance and enforcement of MACs, licences and offshore development consents and assume responsibility for the management and enforcement of the existing State foreshore portfolio of leases and licences. MARA will change the landscape of marine and maritime regulation in Ireland and provide a nexus for inter-agency co-operation and collaboration. It will be the vehicle to ensure we can harness the offshore renewable energy, ORE, potential we have and ensure the long overdue overhauling of the foreshore licence system that has been in place for decades. As I stated, it will be located in Wexford, the constituency of Senator Malcolm Byrne, which I had the pleasure of visiting earlier this year when I made that announcement in respect of Trinity Wharf and the wider Wexford area.

In the short amount of time I have left, I point out that a new property consenting regime is established under Part 4 of the Bill, comprising sections 74 to 109, inclusive. In effect, the maritime area consent considers the person applying and the financial terms of occupation. Granted MACs will govern the relationship between the State and the holder, place necessary obligations on the holder and ensure appropriate returns to the State. MAC holders will have no right to occupy or develop until the public has had its say, the project detail is fully assessed and planning permission is granted. The MAC is merely the gateway to planning and the project assessment and, as such, if appropriate planning permission is not achieved, the MAC terminates.

The next Parts of the Bill are concerned with the permitting of development and activity and the enforcement of same and I will speak on those Parts together. Consent for development and other activities in the maritime area is dealt with in two ways. First, the terrestrial planning permission regime, augmented by marine-specific considerations, will be extended to the entire maritime area. This is done in Part 8 of the Bill. An Bord Pleanála and local authorities will carry out the required planning and environmental assessments of projects in a manner familiar to the public, with all the associated opportunities for submissions and observations. The national marine planning framework will sit at the top of the decision-making hierarchy and all decisions will have regard to the framework. The granting of a MAC is conditional on receipt of planning permission. In short, no one can occupy the maritime space until the project has been fully assessed and the public has had its say, both at plan-making and project stages.

Part 5, comprising sections 110 to 133, inclusive, introduces a new centralised licensing regime operated by MARA.

As regards enforcement, the Bill recognises Ireland's maritime area as a precious and irreplaceable resource and we will ensure that our seas are adequately protected from those who would do them harm. Part 6 of the Bill, comprising sections 134 to 166, inclusive, provides MARA with strong powers of investigation, enforcement and prosecution and allows for collaboration with other public bodies that manage our seas. MARA will be a real force for the State into the future. The Bill ensures that MARA and local authorities have significant teeth when it comes to enforcement in the maritime area. The enforcement provisions set out in the Bill are the first line of defence in this regard.

In conclusion, I cannot understate the importance of this legislation. It is once-in-a-generation legislation that for the first time will properly regulate and protect our maritime area and allow us to harness its value in a sustainable way, creating energy from it and protecting its biodiversity. It will ensure a streamlined approach to planning and enforcement in this regard. I particularly thank the joint Oireachtas committee, of which Senators Cummins and Fitzpatrick are members, as well as others who have put a significant amount of time into this. I look forward to the contributions on Second Stage and the remaining Stages of the Bill. To have the Bill passed through the Houses by the end of the year would be incredibly significant for the Government.

Victor Boyhan (Independent)
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I welcome the Minister. This is a large body of work and complex legislation, as he outlined. I took the time in recent days to look back over the Dáil debates in preparation of some amendments. One might ask why someone would consider amendments before he had heard the Minister speak but the great advantage is we can read the report of the debates in the Dáil and read the various amendments that were proposed. I followed the trajectory of those amendments and saw that most of them were rejected, but listening to the debates and the engagement was an important exercise for me.

I live near Dún Laoghaire Harbour, one of the finest harbours in Europe, and the Minister lives in Malahide, where there is a wonderful marina. Senator Cummins lives in Waterford, where there is great potential around the coast. I recognise the enormous potential of the marine, the water base and the fact we live on an island. As someone who sat on the board of a harbour company for two terms, I recognise the great difficulties we had in bringing people with us and developing the fantastic resource of Dún Laoghaire Harbour. There are now no ferry operations in it and it has, effectively, been wound down. There has been so much leisure, recreation and energy, with the dichotomy and the challenges between planning on land and planning at sea and what comes between the two.

I recall a major dispute over drilling near Dalkey Island that amassed thousands of people coming to public meetings. The issue was rallied around and taken advantage of by certain political activists in the community. I am, therefore, cognisant of the fact we have to bring people with us. People are precious, certainly along the coast. I can speak only of the east coast, because I have more experience of it, but we value this beautiful part of the world, as I am sure the people on the west coast value theirs. There is a great attachment to the sea and to the potential of it, but it is done in a sensitive way.

The only people who have contacted me with concerns about this are the Irish Environmental Network and An Taisce. People involved in the environmental area are very supportive of alternative energy such as wind energy. We need to consider that as well as ensure there will be adequate public consultation and participation, as required by the Aarhus Convention. Everybody seems to be roaring about the Aarhus Convention but when they are asked what it is, they do not seem to know any more than the fact it sounds good. In fairness to these organisations, they have a genuine concern about engagement, the strategic environmental assessment directive and the obligations of the Aarhus Convention, of which we are signatories.

The Bill needs to provide for reviews of the MAC, which the Minister touched on, and emphasise and ensure the public consultation. That is important and we need to be mindful of it. I will not go over what he said about the new scheme and the four key pillars, which he set out well. It is important we have regard to that. He referred to the introduction of public participation statements, a wholly new development that will go some way to address that issue.

Two issues have been brought to my attention by the Irish Environmental Network and An Taisce. They relate to the issue of judicial review. I have always said, including last week in the Chamber in the context of something else related to planning, that judicial review should be the last resort for anybody. It is prolonged and expensive and, at the end of the day, it does not always serve the engagement in the way in which it should. Nevertheless, it is a right and an exercise people should be entitled to pursue. As the Minister will know from his neck of the woods in Fingal and as I know from mine, in many cases judicial reviews have been successful and have delivered the necessary result. Sometimes they have delayed developments. I am not in the business of supporting judicial reviews all the time, standing in the way or in any way seeking to frustrate proper, sustainable development, which is important to our economy, but people have a right to have a say and to engage. The earlier we can get people into the public consultation process about planning, whether at sea, on land or in between, the better.

It was put to me, in the context of judicial review and MACs, which is covered in Part 4, Chapter 13, that the Government contended throughout the pre-legislative scrutiny and in recent Dáil Stages of the Bill that the consent is not an environmental decision.It therefore does not attract cross protection under the Aarhus Convention from prohibitively expensive costs if litigants lose in court and the automatic right of standing to pursue judicial review for environmental non-government organisations, ENGOs. The ENGO sector is very concerned here as this also flows from the Aarhus Convention. I am advised that the Bill has only provided for standard judicial review loser-pays rules for maritime area consent decisions on the Bill with no automatic local standing for ENGOs. Can the Minister please tease this point out, not necessarily here and now, but perhaps someone might drop me a note as I would like to have some clarification? These ENGOs have asked me about it and I undertook to raise that issue.

They also say that there is a major lacuna in the Bill in respect of providing for the type of key characteristics required by the Aarhus Convention for judicial review of a range of decisions and actions under the Bill. Given the implications of recent rulings in the national courts, there is a risk of uncertainty on costs protection and for those who may seek to challenge such decisions and actions. When they do challenge such decisions, the court cases will be made more complex as, on top of the basic issues in the case, there will be additional layers of argument around costs and protections. This is all around the issue of potential judicial reviews and their protection. I know from the Minister’s political party, from the Green Party and others that many people involved in this environmental sector became politicised and joined political groupings because they were activists about their environment, their community and about participation in the first place. That is a legitimate right to engage.

On the whole I support the legislation. We have an amazing resource out here. It is greatly underdeveloped. I have been to ports all over the world and have seen what can be done, not only in developing amenities but also residential development along this wonderful resource. There is a need for the protection of the environment and it is a win-win situation if we get it right and bring people with us.

I have some concerns on two issues. We had 29 recommendations in our pre-legislative report. I noted in the response of the Department and the Minister to Deputy Ó Broin’s concerns, they said they had endeavoured to incorporate some of them into the legislation. It would be helpful if we can see a graph of the 29 recommendations from the committee and which or how many of those were incorporated into the Bill. The Minister has acknowledged the important work done by the committee on this legislation and I thank the Minister as one of its members. I know there are other members present. I ask that the Minister might do that in the next day or two as it would be helpful.

On resources, we have planning authorities which are currently struggling, at best, to fulfil their obligations. Many of them do not have the depth, breadth, experience or expertise in maritime engineering issues. We are going to have to tap into and have a pool of resources that planning authorities on the fringes of the coast could utilise. This may not be the case for every local authority. I thank the Minister.

John Cummins (Fine Gael)
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I thank the Acting Chairman. I join with Members in welcoming the Minister to the House and thank him for bringing forward a once-in-a-generation piece of legislation. It is a very comprehensive and complex Bill that runs to 259 pages. It is only right and proper that we acknowledge all of the officials in the Minister’s Department who have worked exceptionally hard on it, not only over the past number of months but in the previous number of years to get us to the point we are at now.

I am a member of the Joint Committee on Housing, Local Government and Heritage, together with Senators Fitzpatrick, Boyhan, Moynihan and others. We did a substantial body of work and consultation across this Bill at pre-legislative scrutiny stage. We engaged with as many stakeholders as we possibly could in the context of the time-sensitive nature we were facing with this Bill. I know from reading through large sections of the Bill that many of our recommendations have been incorporated in it. I acknowledge the Minister and his officials for that.As regards the potential of our coastline and marine ocean economy that Senator Boyhan referred to, in 2019, Ireland's ocean economy had a turnover of €5.8 billion, supporting 31,000 full-time jobs. Marine-related industries directly contributed €2 billion in added value. There is no question that our diverse maritime resources have the potential to expand over the coming years with the passage of this legislation, not only in the area of seafood, fishing and ocean tourism, but in particular, in our offshore renewable energy capacity. In that context, I ask the Minister, in his concluding remarks, to speak to the limited number of MAC applications pertaining to the seven relevant projects, which currently have the potential to provide 3,000 MW of energy. The industry would argue that there may potentially be a drop-off in terms of what can be provided with those seven relevant projects. Others that have progressed along the various stages thus far may be able to step in to fill that void if that occurs. I am wondering, in terms of that transitional period, if the Minister plans to make provision for some other projects over and above those seven relevant projects.

I think it is important, as the Minister acknowledged himself, that the system is based on four key pillars: inclusive forward planning through the national maritime planning framework; the establishment of a new entity in MARA; development management through a structured sequential consenting system; and robust provisions for investigation, enforcement, action and penalties. With all four of those pillars working in tandem with one another, we can get the best result for everyone in terms of our whole ecosystem, the protection of the diverse ocean area that we have, and also in providing for the enhanced harnessing of that vast resource.

The Minister stated that our ocean is seven times larger than our landmass, amassing 5,000 sq. km. It is enormous. For the very first time, we are going to have a fully comprehensive piece of legislation to deal with everything within that area. It is vast. When we were dealing with our planning strategies for Ireland in terms of the national spatial strategy and the national planning framework, we were only talking about what was on this island. What we are talking about here is a vast swathe of the ocean.

I am not going to labour the point any more. I commend the Minister for bringing in the legislation. In his response, I ask him to talk about projects over and above those seven relevant projects, and to clarify if there is capacity to expand our offshore renewable energy in the transitional period. I am very conscious that it will take time to establish all of the processes. There is a fear that we will not reach our renewable energy targets out to 2030 if we cannot enhance that.

Róisín Garvey (Green Party)
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This is an historic Bill. I think it is about 90 years in the making, but it is historic to get it to this stage. I thank the Minister for his work and my colleagues in the Seanad who sat on the committee chaired by Deputy Matthews. Deputy Matthews has been working night and day on this Bill. We have not seen him because he has been working so hard. He has met with every NGO in the country a ridiculous number of times. The NGOs have played a huge part in this Bill. Many of the NGOs have expertise that we do not have as politicians. I wish to thank the Irish Whale and Dolphin Group, Coastwatch, the Sustainable Water Network and the Irish Wildlife Trust.It is very important. The Bill makes me very happy. We have worked with everybody, including officials and the NGO sector. This is a good Bill. It is very complex and this is why so much work went into it. We fought for this in the negotiations for the programme for Government. People often challenge us by asking why we went into government, or they say that we should not have done this or that. This makes me proud to be in the Green Party and proud of being part of this coalition Government.

This Bill was so needed because now we can look at our waters which, as previous Members said, cover seven times the amount of land we have. We really had no idea what was going on in it. Apart from great people such as Dr. Simon Berrow and Mr. Ken O'Sullivan who made have made amazing documentaries about our sea creatures, we had very little clue as to what was going on. Now we will have to find out properly because if we do not know that, then we cannot decide where our offshore renewables can go. This is important legislation because up to now we have been fumbling around in the dark and we have not moved fast enough on renewables because we have not had this legislation, the research or the expertise. I believe we should give more money to the NGOs, especially if they have very good marine biologists. These are the experts we need. Sometimes the NGOs are put under a lot of pressure to contribute to this debate but there may only be four or five people working in an NGO. That can be difficult and, therefore, we should value it. If we have experts in ecology working in the NGO sector we should fund them and hire them to help us with this research. There is a great deal of work to be done with regard to the Bill so that we know what we are dealing with.

Separately, there is the marine protected areas Bill, which will be amazing. People will be relieved, because who does not love a dolphin? Everybody wants to get this right, from a teenage girl to the older man who has watched dolphins all of his life. We all care about the oceans. This 90 years-a-coming Bill, and the next one to follow, will finally enable people to have trust that we are doing it right and that we are doing the right things in the right place.

I thank the Minister. The Bill sets out how we are going to meet difficult targets on emissions reductions and the transition to clean energy. The biodiversity of our oceans is so amazing and gives so much as well as enabling carbon sequestration. One whale can take in 5,000 tonnes of CO2 in its lifetime when the whale dies it still holds onto it. They have huge part to play and we have been undervaluing them as just lovely things, but we were not taking them seriously and the value they bring.

I thank the departmental officials, some of whom I see here today, for the significant work they have put into this and the briefings they gave to the committee. The committee did a very good job and listened to lots of submissions. There was a suggestion that the committee would recommend that marine protected areas should be part of the Bill. This is partially true. The committee did suggest that marine protected areas should be part of the Bill and the same recommendation also provided that the marine protected areas provisions should continue in the parallel legislative process, which is under way at the moment as the Minister outlined. It is good that they are separate because marine protected areas is such an important issue it would be wrong to put it under this Bill, which is already quite complex. If we are to take marine protected areas seriously, we would want a separate Bill. It is good that this decision was made.

The Bill before us is large and complex. It comprises a series of provisions in the marine and maritime area. In recent months there has been the national marine planning framework, a document that went through extensive public consultation and a large stakeholder involvement group. This was not something we turned out overnight. If we clock up all the hours, it was thousands of hours, and not just by civil servants and politicians; the NGO sector and the public at large engaged on a daily basis. This has been grassroots fed.

The recent Maritime Jurisdiction Act 2021 sets out the boundary of our marine area. This is massive and comprises seven times the land area at 500,000 km. There have been concerns around marine protected areas and I share some of those concerns. Why would someone not be concerned? We would be mad not to be concerned about marine protected areas because currently we do not have any. It is great now because we have come such a long way in one and half years. Let us look at where we are now. We are getting our Maritime Area Planning Bill, we are getting our marine protected areas Bill next year and finally we will be able to move safely to knowing where the right places are to put the renewables. When I think of offshore wind, I think that it is great for our carbon emissions, but that we had better put it into the right place. Those concerns can now be alleviated with this Bill and the future Bills we bring.There are also special areas of conservation, special protected areas and natural heritage areas in our waters. These are not generally designated under planning but are designated under EU directives such as the habitats directive and the birds directive, as enacted through the Wildlife Act 1976, as amended. We do not designate these. Through the legislation on marine protected areas, we will designate marine protected areas. That is really important and it is why it is so important that it be a separate Bill.

There will be a consenting process before we see many of these developments in the sea. That is key. We have a fear of the big oil and petrol companies switching to renewables, coming in and taking over our seas and putting developments wherever they want. That is the concern people in the NGO sector have because we have had experiences like that in the past. That is why this is a historic day. We should celebrate this Bill. Of course, people will always give out, moan and complain but today is a very positive day for this Government. I am proud to be part of it and I am proud of this Bill.

Fintan Warfield (Sinn Fein)
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I am here to moan, complain and give out - shock horror. While Senator Garvey was speaking, I was reminded of looking over the edge at Loop Head in her home county of Clare. I looked down at the Atlantic and watched the whales for hours. That is a nice thought on this day.

I commend everyone in the Department who worked to prepare this mammoth Bill. I have never held a Bill so big. I commend the Oireachtas joint committee for all of its work, which I have been briefed on. I will start, as others have done, by acknowledging that the Bill is very complex. It will define all planning applications for an area seven times that of the State for 30, 40 or 50 years. This legislation has to ensure that the competing demands of biodiversity, our coastal communities and our fishing communities are balanced in a way that protects biodiversity and the interests of our coastal communities and fishermen and fisherwomen. It must ensure the greatest level of public participation in all aspects of planning. If we strike that balance correctly, the desire we all have to see significant progress in this area can be fulfilled.

On that point, we need robust consultation with our fishermen and fisherwomen. They are not opposed to offshore wind turbines or offshore energy generation but we all understand the historic failures they have had to endure and put up with. There is distrust there, as we all can appreciate.

I will turn to section 6, which relates to the marine planning policy statement. It says "the Minister shall from time to time prepare and publish in accordance with this section a statement [...] in relation to maritime planning by the State in the maritime area". Am I right in saying there is to be no public participation or input from sectoral organisations in the preparation of that policy statement? In his speech, the Minister said that he plans on developing a new marine planning policy statement following the enactment of this Bill. Will he address that concern? It was also raised by my colleague, Deputy Ó Broin, on Second Stage. He suggested that this could be in conflict with Article 15(2) of the Constitution and our obligations under the Aarhus Convention.

I will now turn to section 7(1), which states "the Minister may, at any time, prepare and issue marine planning guidelines to public bodies". Will any such guidelines be mandatory? Are they essentially directives? Does the Minister accept that there is a dire need for consultation and Oireachtas involvement in the issuing of such ministerial planning guidelines?

I will now turn to section 17, which relates to the requirements of maritime spatial planning. This section states "The Minister shall, not later than six years after the existing [national maritime planning framework] was first published, carry out a review thereof". Six years seems a very long way down the tracks.The best practice is that a review would take place within a year or shortly thereafter so why is the national marine planning framework review taking place six years afterwards and not much sooner?

Part 3 deals with the establishment of the marine area regulatory authority. The Minister in his comments indicates MARA is the physical embodiment of this Government's maritime ambitions and it will be transformational in Ireland's marine governance, creating a centre of excellence, independent decision-making and proactive enforcement. Will the Minister give us assurances about the level of staffing needed in MARA and how that full independence that he mentioned can be assured? This was mentioned by Senator Boyhan.

I know my colleague, Senator Boylan, will touch on the lag between the planning regime and marine protected areas legislation. I thank the Minister and his officials. This is a balancing act in protecting biodiversity and the interests of our coastal and fishing communities, as well as the need for the greatest level of public participation and consultation.

Rebecca Moynihan (Labour)
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The Labour Party supports this Bill and we welcome its intent and the various matters it addresses. As many Government Members have said, this Bill is 90 years in the making, particularly with regard to the pressing need to stop delaying the development of large-scale renewable energy capacity such as wind farms. It is also about protecting our biodiversity.

Green Party Members have a motion tomorrow night relating to the Antarctic. I never thought I would end up having to read so much about the Antarctic but what is coming through very clearly in the research I have been doing is the ability of marine protected areas to absorb carbon and how important it is to be able to protect biodiversity within oceans in not just meeting our renewable energy targets but our natural carbon sequestration targets.

In the past year and a half or so we have been in this Chamber on many occasions discussing how land could be best used and protected. Our maritime area is significantly larger and it is very welcome we are now giving proper consideration to the importance of our maritime area as a means for transport, industry and, most important, the critical area of meeting climate action targets and decarbonising our economy. On that I pay tribute to the members of the Oireachtas joint committee and particularly the officials in the Department and interested parties, who have produced such a comprehensive technical Bill such as this. It is important.

The Bill provides a groundbreaking legislative framework for a new streamlined development consent process for activities in the maritime area, including offshore renewable projects. This is a welcome development when there is ever-increasing interest in the development of our sea areas. It is certainly necessary when our sea area is seven times the size of our land mass. This Bill is vital to develop a clear strategy for marine areas long into the future. We are, of course, an island and we have one of the largest seabed territories in Europe.

We could also not continue to put off the required legislative and planning changes to provide for the development of renewable energy sources, including offshore wind. For us to have the ability to upscale our renewable energy production, particularly in the area of wind, we must have properly equipped planning authorities and a clear framework. This will allow us to scale up while protecting our coastal communities and marine habitats. We can only achieve our climate action targets and protect the future of everyone coming after us by taking drastic action. Central to this is a dramatic increase in our reliance on renewable energies and we have the potential to become one of the world's leaders in this area, particularly in wind energy. The potential for this is enormous and we can all agree that it is likely to be integral to the future of both our economy and our life in the country itself.

A fit-for-purpose regulatory and legal framework is the only way we can achieve these ambitious goals while ensuring the protection of our maritime biodiversity and the future of our coastal communities, both in terms of jobs and community benefit.It is vital that this is done correctly. Every time land-related legislation comes before this House, we see how important the Planning and Development Act 2000 is and how integral it remains. The same will be true of this legislation. Much like the 2000 Act for land, this Bill will determine how we treat maritime planning long after most of us will have left this building. Like any area of planning, public participation is key. One of the areas that has come up in pre-legislative scrutiny of this Bill has been public participation and how the public is engaged with the Bill and with planning our maritime areas, particularly around marine protected areas. We must ensure that areas due to be designated as MPAs are protected in the interim period between the passing of each Bill. We must strike a balance between the development and protection of biodiversity and of communities while also acknowledging the need to be able to use our seabed. That is the same whether on land or at sea. We support the Bill and appreciate the work done by the Department on very complicated legislation. I pay tribute to everybody who has succeeded in getting this comprehensive Bill this far. We want to engage progressively to ensure that we get the best legislation for our coastal communities and for the future of our country.

Malcolm Byrne (Fianna Fail)
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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.

Seán Kyne (Fine Gael)
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I welcome the Minister to the House and congratulate him, his Department officials and the members of the Oireachtas joint committee on their work on this comprehensive and complex legislation, which I warmly welcome. Coming from a coastal community and having seen the potential for offshore wind energy, I appreciate the enactment of this legislation will be extremely important.

The Minister mentioned the Foreshore Act 1933. Is it being replaced in its entirety or only sections of it? That Act would have dealt with issues such as foreshore acquisition and an issue that may or may not have crossed the Minister’s desk, that is, seaweed rights and harvesting. Seaweed is an important asset to coastal communities in my area and, in terms of research, it may have the potential to gain even more prominence as a food additive for cattle.

The first national maritime planning framework was published in 2019 and it will be renewed every six years thereafter. I welcome that and also the establishment of the maritime area regulatory authority. Senior planners in a local authority would always have dealt with the most complex and more important planning applications. It is important that experienced people are recruited to MARA.

Will the requirement to have designated maritime area plans over-complicate the process? Will they delay the delivery of projects? For example, if an application is submitted before a designated maritime area plan has been prepared or is under consideration, will that plan have to be enacted first?

Níl a fhios agam ach b'fhéidir go bhfuil deiseanna anseo d'eagraíocht Stáit cosúil le hÚdarás na Gaeltachta mar go mbeadh sé in ann plean a ullmhú do Chuan Chasla i gConamara, mar shampla, agus go bhfuil deiseanna ansin ó thaobh fuinnimh in-athnuaite i gceantar Chonamara ansin.

It is stated local authorities will examine all other applications within their own designated nearshore area extending a maximum of 3 nautical miles from the shore. In terms of islands, which may be further than 3 miles from shore, is it 3 miles from the island? The Minister might provide clarification on that and that local authorities will ensure compliance with planning permission conditions within their nearshore areas. Local authorities will still have roles for some of the work but the larger projects and those outside the nearshore area will be under the jurisdiction of MARA.

Section 78 deals with fees to be paid to MARA.In terms of clarity and projects awarded a maritime area consent or the equivalent planning permission, will the maritime area regulatory authority be collecting development contributions under a local authority-type scheme or will a local authority be able to collect those development contributions, which would be very valuable to certain local authorities? Are rates payable on these projects? They are multimillion euro projects and I imagine rates would be levied. Again, they would be very important as a long-term source of funding for local authorities. Where a project is delivered off the coast of Galway, will Galway County Council be able to collect rates on that? Of course, there is engagement. Sometimes the cable might be coming on shore in another local authority. For example, a project off Galway could see a cable being brought on shore at Moneypoint. Could we get clarity on that?

The next issue concerns projects that have been granted relevant status prior to this. About seven projects were granted relevant status in May or June of 2020. I received correspondence that there are some concerns about the lack of flexibility for projects that were planned a decade or more ago. This relates to section 101(1) regarding relevant maritime usages. It had been interpreted as permitting the Minister to permit a MAC for the usage originally applied for as part of the foreshore lease application process. However, it now seems there is a geographical limit on the area in respect of which a MAC can be provided that is restricted to the area in respect of which a foreshore lease was granted or where an application was made. There are issues here with regard to projects that received relevant status but had not applied for a cable route pending confirmation of their connection status. Will they be covered under this? Perhaps the Minister can look at this area.

Timmy Dooley (Fianna Fail)
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I welcome the Minister to the House and thank him, his Department and the joint committee for the tremendous work they have done in bringing this really complex legislation before the House. Notwithstanding that many of the contributions are about the potential for development at sea, we must understand that the purpose of this Bill is the preservation and protection of our seas. This State has been somewhat lethargic in reaching this point in terms of setting out a very clear plan, and the Minister has identified the other instruments that are proposed, to protect the ecological and biodiverse systems that are such a part of our ecology. This must be the core of this.

Married to the necessity of protecting and preserving our aquatic life and the tremendous resource our seas provide not just to our country but to the climate and globe generally are the opportunities for development we hope can be done in synergy and in sync with the necessity of protecting and preserving those resources. I am very conscious of the potential for offshore wind energy capture and, in particular, the potential for floating offshore wind energy, which is well recognised notwithstanding the climatic conditions of today. There is real potential for the capture of offshore wind energy off the west of Ireland - Galway, Clare and Kerry to name just three where there is real potential. I am hopeful the provisions of this Bill will streamline the capacity of those who seek to invest and capture that wind energy and that the process by which permissions and licences are granted is relatively straightforward.

I thumbed through the Bill in some detail and attempted to understand all the provisions. Because of the complexity of the Bill and its size and scale, I am somewhat concerned. I think those who propose to capture wind off our shores are also somewhat concerned. The Minister knows the difficulties we have in terms of advancing large-scale infrastructural projects and the unwieldy nature of our planning system. I am very much a believer in a robust planning system. I believe there are things that should not be granted planning permission but I recognise there should be a relatively straightforward process for critical and key infrastructure.There should be a relatively straightforward process for that. There are on occasion some disingenuous objections that do not benefit anybody. We need to ensure that where the greater good of the country is concerned, we should be in a position to move forward without getting it tied up at EU level or through continual iterations of cases through the courts. I would be mindful of that and hopeful it will not emerge in the passage of this Bill or in putting in place the infrastructure and the structures behind it.

The next phase will be for the Department with responsibility for energy to take a much more proactive approach to capturing wind off the west coast of Ireland. There are proposals to look at the east coast in some of the bids that are under way. There is not only real potential for the capture of wind off our western seaboard on those floating systems but, because this is relatively nascent technology, there are also opportunities for us to develop hubs of activity here that will be in the early stages of this sector. If we can be the pioneers of this floating offshore wind capture, there will be opportunities far beyond just the capture of wind. There are opportunities for job creation, the development of skill sets and the production of some of the technology that can be exported from there. It is a matter of acting as a counterpoint to the shift we have seen over a number of generations away from the west and towards the east because of the changes in the way in which people live their lives. There are real opportunities there. I am hopeful the Bill sets out a clear pathway - I think it does, from my reading of it, but I am not an expert in this area - for those who have ideas and the capacity to put in place this large-scale electricity generation infrastructure and that, where it is not appropriate, they will not waste their time or be dragged into an ever-decreasing circle that gets us nowhere.

Lynn Boylan (Sinn Fein)
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I welcome the opportunity to contribute to the Second Stage debate on what others have called once-in-a-generation legislation that will define all planning applications for an area seven times the size of the State's landmass. I know the relevant committee has spent a lot of time getting into the details of the 245 pages and 181 sections of the Bill. I wish to focus on just a number of key areas I am concerned about.

First and foremost is the progression of the Bill while we do not have legislation on protected areas. Sinn Féin has always argued - some would say "moaned"; it is called the democratic process - that legislation should have been done in parallel with this legislation. We cannot have a situation in which our marine habitats and biodiversity are left with the scraps after the offshore wind projects. I have seen presentations and heard commentary outside of this House by environmental organisations and people who are interested in wind about how Ireland could be exporting wind at a level that would see us as the Saudi Arabia of wind generation. While I absolutely want Ireland to be ambitious with our renewable energy targets, we also cannot forget that there is a hierarchy when it comes to climate action. At the top of that is to reduce the demand for energy in the first place. We cannot continue to grow exponentially in a finite world, and it is essential we address both crises at the same time, that is, the biodiversity crisis alongside the climate crisis. Biodiversity should not be the sacrificial lamb to climate action.

In addition, as Senator Moynihan said, some of the most important carbon sinks we have are in our marine environment. Apart from them warranting protection in their own right as species that share this planet with us, cetaceans, especially whales like baleen whales and sperm whales are enormous stores of carbon and a fundamental part of the marine ecosystem, and we know that exploration for offshore wind impacts on those species. In addition, 40% of all CO2 produced is absorbed by marine phytoplankton. That is four times what the Amazon does.

Section 21 addresses protected marine sites but only the existing sites, which are a minuscule part of what needs to be designated in Ireland's marine. I would like to hear from the Minister what interim protections there are in the Bill.Could we not include at least the proposed protected areas also?

I want to raise concerns regarding section 6 and the marine planning policy statement. It seems this will happen without any public participation from sectoral organisations, academic experts or the wider public. I question whether it is in compliance with the Constitution and the Aarhus Convention. I am sure the Minister does not need reminding of the provisions of the Aarhus Convention. It includes the right to participate in certain environmental decisions and the right to challenge certain environmental decisions. My concerns regarding the Bill's compliance with the Aarhus Convention are not limited to section 6 but also section 7 and the references to judicial review in sections 105 and 107 to 109, inclusive, of the Bill.

Access to justice is a core pillar of any democracy. We are seeing an increasing narrative that people are seeking judicial review from a vexatious point of view. Let us not beat around the bush. A total of 68% of judicial reviews are rejected. This means 32% are accepted by the courts as having merit to be heard. While the courts are not the best place to be making complex planning decisions, people's access to justice should not be restricted. We are on dangerous ground if we are questioning those accepted for judicial review. It strays into the grounds of questioning the independence of the Judiciary. The best way to reduce challenges and delays is to transpose EU directives correctly and to be in full compliance with the Aarhus Convention. All the evidence shows that if we involve the greatest possible participation of public and sectoral interest at the earliest point in the process, we will speed up delivery and encourage people to feel they have ownership and are part of the process. What is the Minister's rationale for a six-year interim review? International best practice is to have a review after one year.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I thank all Senators for their very considered contributions. I welcome the support of all parties and none in the House. It is very important legislation. I will deal with some of the issues on Committee Stage. We might be able to deal with them in a little bit more detail then. I have taken notes of all comments made.

Section 6 of the Bill has been amended to reflect public participation and to allow for it, which is very important. Senator Boyhan participated in the committee, along with Senators Moynihan, Fitzpatrick and Cummins. I will provide a grid of the suggestions that were taken on board during pre-legislative scrutiny and that are now part of the Bill.

Let us be clear about this. We have to move on with the legislation. If people want to find or create an issue that does not exist and use it as a reason not to proceed that is fine but it is for them to reflect on in eight, nine or ten years' time when we have not met the climate targets we have set. I profoundly disagree with the comment that biodiversity is being sacrificed at the table of climate action. That makes absolutely no sense whatsoever. The Bill is about protecting our marine environment. Effectively, it creates one big marine protected area first because it will regulate what happens in our maritime area. If people watching this debate did not already know, they will now know exactly the size of it and that it is seven times our own land mass. Everyone has alluded to it.

Protecting marine areas is very important. We are doing this and the legislation is happening. Some in the Opposition, and this happened in the Dáil also, try to use this - if the House will excuse the maritime analogy - as a red herring to delay this really important legislation. With the passing of the Bill and the establishment of MARA, we will ensure that our total maritime area is regulated. Let us not lose sight of this and let us not tell coastal communities or stakeholders that it is any different because it is not. I speak as someone who represents a coastal constituency where I have lived my whole life. I have immense regard for it, as do all of us. We want to ensure our maritime area is protected and enhanced, the loss of biodiversity we have seen in our maritime area is reversed and the valuable resource is harnessed in a structured and sustainable way.We will be able to generate energy for our people into the future in a sustainable way to reduce our reliance on renewables. If anything, people should have been asking why this was not done sooner. I genuinely commend my officials on the work they have done with the Oireachtas joint committee and all Opposition and Government members of the committee on their input into this. Now is the time to pass this Bill, to establish MARA and to put in train the regulatory authorities.

I will deal with some of the issues raised, including the idea that we should wait. We had detailed public consultation on MPAs, and we needed to do that. The Minister of State, Deputy Noonan, and I were heavily involved in getting that done. We are moving through with that legislation. The idea that we should wait for a designation has been raised. The Government is responsible for committing to the MPAs covering 30% of our maritime area. This was not sought by, as far as I could tell, any members of the Opposition parties in that space. We are doing it.

Lynn Boylan (Sinn Fein)
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Maybe following the EU.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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We need to move on and do it. That is what this is about.

I will deal with a couple of the issues that were raised. Public participation is really important. Section 6 of the Bill has been amended to reflect that.

On the resourcing of MARA, I updated the Cabinet today on the establishment of the regulatory authority. An implementation committee will start in my Department in January. We have a budget of €2 million. We intend to move ahead with the appointment of a chairperson and an interim board, and to advertise for a CEO as well. I want MARA to be established in a skeletal form so that we can build upon it by the middle of 2022. That is what we are moving towards. I refer to the advertisements of those posts and the expertise required because it is very specialised, particularly on the planning side. It will take some time to get the right people, frankly, so we need to move on that and it will grow organically.

I take on board the points raised by Senators. We will deal with them on Committee Stage and Report Stages, which I expect to be taken on Thursday and Friday of this week.

Senator Kyne asked about the elements of the foreshore licensing regime currently operating that will be left. This Bill will effectively replace the Foreshore Act 1933 by taking everything out of it and putting it into MARA. The only exception to this is the piece relating to aquaculture, which is with the Department of Agriculture, Food and the Marine. My view is that this piece should be under the remit of MARA. That is being worked through with the Department of Agriculture, Food and the Marine at present. In the short term, so as not to cause any difficulties in the area of aquaculture, it will be retained within the Department of Agriculture, Food and the Marine. I believe that having one licensing authority for the marine is what we need. Effectively, about 90% to 95% of all the other functions under the 1933 Act will come under the remit of MARA, with that sole exception.

We are providing in the short term for the Minister, Deputy Eamon Ryan, to be able to approve MAC applications in the interim period. Therefore, we can potentially move some of the applications that are already in the planning process along because it will probably take until January 2023 before the agency is fully incorporated, but it will be set up next year. We will have a CEO, a board and a chairperson.

I understand Senator Malcolm Byrne's point about the exclusion of certain groups of individuals from being part of MARA. I will take that point back. One can consider how local authorities will interact with MARA and that elected representatives will not be involved in planning decisions per se. I know the Senator has asked why we would pick on councillors, in that sense. We are not really, but I take his point and we will explain it in a bit more detail-----

Victor Boyhan (Independent)
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It will be planning led.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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We will explain it in a bit more detail.

Malcolm Byrne (Fianna Fail)
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But if a county manager is to sit on the-----

John McGahon (Fine Gael)
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Let the Minister speak.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I take the Senator's point, absolutely.

I have already dealt with the area of judicial reviews and public participation, and I will go through that in more detail.Applications that are currently within the system, under the current foreshore arrangement in my Department, will continue there and will conclude there. It will be for new applications coming through.

It is important for our coastal communities and the country as a whole that they know they have a Government that is prioritising the maritime area and reversing the decrease in the richness of the biodiversity of our seas and oceans and they can see that we are serious about doing all that. We are going to have one streamlined regulatory authority to do that. We are going to do what all generations in this country want, which is to make sure we have the secure, sustainable, clean and green energy that we need. We do not have the luxury of waiting around and having continuous debate in that regard. That is why we must move forward to get MARA established. It will send a very clear signal to those who wish to invest in offshore renewables, be that offshore floating wind energy off the west coast, as mentioned by Senator Dooley, and the other options that will be there. It will be very clear where people need to go because the current process is complex and difficult to get through. It can be difficult for potential investors, in some instances, to figure out exactly what they need to do. Now it has been very well received that there will be a streamlined regulatory and planning system in place in Ireland. There is vast potential for this country to be a world leader in this space and I think that is what we all want.

In conclusion, I thank every Senator who contributed here. There were a number of other queries, which I will get to later in the week. I will supply additional information as best I can in advance of those debates. I thank everyone for their support for this legislation. I look forward to Committee and Remaining Stages later in the week.

John McGahon (Fine Gael)
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When is it proposed to take Committee Stage?

Seán Kyne (Fine Gael)
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Next Tuesday.

John McGahon (Fine Gael)
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Is that agreed? Agreed.