I propose to take Questions Nos. 235 and 236 together.
Under the Foreshore Act, 1933, a decision in relation to the lease of foreshore in this instance is a matter for the Minister for Housing, Planning, Community and Local Government.
In accordance with Regulation 27 of the European Communities (Birds and Natural Habitats) Regulations 2011 (2011 Regulations) it is a matter for that Minister to exercise his functions in compliance with the requirements of the Habitats Directive, the Birds Directive and the 2011 Regulations.
The regulations make it clear that the Minister for Arts, Heritage, Regional, Rural and Gaeltacht affairs shall not undertake the responsibilities of other public authorities, including Ministers, in this regard.
My Department through its National Parks and Wildlife Service provided observations on the application, and I am satisfied that they were appropriate.
My Department noted that the construction and operation of the site is unlikely to have a negative interaction with Natura 2000 nature conservation sites due to the nature and location of the works, but set out a number of mitigation measures that should be required to avoid any negative interaction with protected marine mammals, including provision for further consideration of devices which might be deployed in the future.
I am satisfied that the observations made by my Department meets our statutory obligations.
