Vol. 422 No. 1
17 Mr. Garland asked the Minister for the Marine whether he intends to issue prohibition orders on all beaches around our coastline to tackle the problem of sand removal, bearing in mind that exceptions could then be made where traditional rights and licence applications would pose no threat.
The provisions governing the issue of prohibitory orders are contained in section 6 of the Foreshore Act, 1933. Under this section, the Minister for the Marine may, in certain circumstances, ban the removal without licence of beach material from the seashore.
The seashore in this context means the foreshore and every beach, bank and cliff contiguous thereto and includes all sands and rocks contiguous to the foreshore. In Ireland the seashore, excluding the foreshore, is by and large in private ownership.
Prohibitory orders may only be issued in certain circumstances, where the Minister is of the opinion that the removal of unrestricted removal of beach material from any particular area of seashore has affected or is likely to affect prejudicially any public rights or has caused or is likely to cause injury to any land or to any building, wall, pier or structure.
The Minister is anxious to substantially increase his powers to ban the removal of sand from beaches and plans to bring his proposals before the Oireachtas as soon as possible.
Will the Minister agree that removing sand from beaches is very serious? It has been going on for some time in Ballybunion, much to the discomfiture of the local tourist interests and the golf club? Recently in Portrane, County Dublin, there was a very serious attack in this way on the sand dunes. The Minister has agreed that the Foreshore Act, 1933 is totally inadequate because, apart from anything else, fines are much too low. The environmental action programme was announced in January 1990 and a foreshore Bill was supposed to be introduced then. That is two and a half years ago but nothing has been done; it is not good enough.
If the Deputy has been in contact with anyone in Ballybunion he would have known by now that the licence there has been withdrawn.
People are still taking sand from the beach.
The withdrawal of the licence is an indication of the Govenment's commitment and the Deputy must recognise that we take this matter seriously.
There has been a two and a half years' delay in introducing a Bill in this regard. Does the Minister call that taking it seriously?
I welcome the Minister of State's statement that legislation will be introduced. It appears that the Minister is determined to take action having regard to the fact that the matter has been raised in the House on numerous occasions. I ask the Minister of State to bring the legislation forward as soon as possible when he will receive our full co-operation.
I can assure the Deputy that it is the Minister's intention to increase his powers and in order to do this legislation will be required. That legislation will be prepared as quickly as possible. I welcome the Deputy's indication that we will have his full co-operation.
I, too, welcome the Minister of State's statement that legislation will be introduced. I ask him to bring it forward as quickly as possible — if possible, in this session — given the damage which has been caused. The Minister has recognised that he does not have sufficient powers, something that has been the source of the frustration for all of us. I should say also that he will have the full support of everybody in this House.
I am not surprised that Deputy Barnes will also offer her full co-operation but I should say, unfortunately, that it will not be possible to bring the legislation before the House this session. Even if it were possible to do so it might be necessary to guillotine the debate and we are all aware what the repercussions would be if that were to happen. The Deputy knows the system as well as I do. Without giving a commitment to introduce the legislation in any particular session I would like to see it introduced as quickly as possible. I should also say to the Deputy that problems are also being experienced in my own county.
