Vol. 568 No. 1
448 Mr. R. Bruton asked the Minister for Communications, Marine and Natural Resources the exact status of the ownership by Dublin Port of the foreshore, of which it proposes to reclaim additional land in Dublin Bay; and the bearing this ownership has on the conduct of an application for a foreshore licence. [15591/03]
450 Mr. F. McGrath asked the Minister for Communications, Marine and Natural Resources the exact legal position regarding ownership of Dublin Bay; if it is now Government policy to support the proposed 52 acre infill in Dublin Bay; if the 52 acre in-fill can go ahead under existing legislation; and his views on whether the environmental impact study on Dublin is adequate. [15631/03]
457 Mr. F. McGrath asked the Minister for Communications, Marine and Natural Resources if he will publish the major report on Dublin Port's plans to extend into the bay. [15955/03]
I propose to take Questions Nos. 448, 450 and 457 together.
Dublin Port Company claims ownership of certain areas of foreshore in Dublin Bay, including the area in which the company proposes to reclaim some 21 hectares. The company has, at my Department's request, furnished evidence of ownership of this foreshore. This information is being examined for my Department by the Office of the Chief State Solicitor. If it is confirmed that the foreshore in question is owned by the Port Company, the proposed reclamation would fall to be considered in accordance with section 10, as amended, of the Foreshore Act 1933. Reclamation of State-owned foreshore requires authorisation by way of a foreshore lease granted under section 2 of that Act.
Approval under section 10 of the 1933 Act may not be refused unless the proposed development would be or would cause or be likely to cause an obstruction to navigation or to fishing, or would have or be likely to have significant adverse effects on the environment. Planning permission will also be required for the proposed reclamation.
As matters relating to the port company's application, including the environmental impact statement submitted with the application, are under consideration, it would not be appropriate to express any view on it at this stage. The environmental impact statement would be made available in the context of public consultation on the port company's application.
449 Mr. R. Bruton asked the Minister for Communications, Marine and Natural Resources if in the event of the Dublin Port company being privatised, the State would retain its ownership of the foreshore and other assets critical to the protection of the environmental integrity of Dublin Bay. [15592/03]
As I indicated recently in a consultation policy statement on port estates and the high level review of ports, I believe that any privatisation option for ports will require extensive research and discussion on public interest, social, competition and legislative aspects. I have asked my Department to examine this matter further in the context of the consultation process that is under way, and wish to hear the views of stakeholders and interested parties on the issue.
Foreshore generally is owned by the State, with elements of it granted under lease or licence to individuals or companies – including port companies. Some parts of the foreshore are in the ownership of individuals or companies. The arrangements that would need to be made in respect of such property are among the matters that fall to be addressed in the current review of privatisation options.
