The Government's new marine scheme flies in the face of what other European nations are already doing, suggests Ronán Long.
The decision by the Government to divide the maritime policy brief between five Government departments and more than half a dozen statutory bodies needs to be reconciled with developments in European policy and comparative law. In these areas there is an increasing tendency for coastal states to develop integrated marine policies and to centralise administrative structures for maritime decision-making.
The devolved administrative structures are being put in place against a background where the growth in the Irish economy has placed increased pressure on planning and development in the coastal environment. All areas of the Irish coast are now subject to competing interests from foreshore use, shipping, fishing, aquaculture, port expansion, recreation, offshore hydrocarbon development, coastal engineering, offshore energy installations and nature conservation.
However, the principal legislation governing the coastal zone was drafted more than 70 years ago when the concern was the unauthorised removal of sand and seaweed from the foreshore. The current regulatory framework is no longer adequate for managing this valuable coastal amenity. A case in point is the protracted dispute over the development of the Corrib gas field. This provides us with a salutary lesson on the need to reform the law governing planning in the coastal zone.
The decision to devolve the administrative structures for maritime affairs will also make it difficult for Ireland to respond to the adoption of integrated measures by international bodies such as the Ospar Commission, which is responsible for the protection of the marine environment in the northeast Atlantic. This task should not be underestimated as there is a sophisticated range of European regulatory instruments such as the Water Framework Directive, the Habitats Directive and the Strategic Environmental Impact Assessment Directive, which have to be implemented at a national level for marine and coastal waters. All of these require extraordinary levels of co-ordination by statutory bodies tasked with administrating uses of the marine environment.
Moreover, our national legislation on maritime matters will remain firmly in the international spotlight as a result of the legal proceedings taken by Ireland against the UK concerning the development of nuclear facilities at Sellafield.
Effective management of the marine environment is very much dependent on the establishment of a legal framework that provides clarity and certainty for resource users. This is one of the reasons why the European Commission has called upon member states to integrate their maritime policies and will shortly publish a White Paper on the subject. This is not a unilateral measure as more than 30 coastal states worldwide are developing integrated maritime policies supported by appropriate legislation. A good example is the forthcoming marine Bill which will form the cornerstone of a maritime policy in the UK.
As we move towards devolved administrative structures in Ireland, it is important to note that the maritime policies adopted by Canada and Australia are predicated on economic growth, social progress, environmental quality and excellence in marine scientific research. These objectives are aimed at ensuring the sustainable growth of all marine based activities.
However, experience in Canada suggests that the implementation of a maritime policy requires strong institutional structures capable of co-ordinating the functions of a broad range of government departments and state agencies.
One way for Ireland to achieve maritime policy coherence under the new administrative structures is through the enactment of primary legislation similar to Canada's ocean Act. Such an instrument would guide Government decisions in relation to marine resource development and provide a mechanism for the inter-departmental co-ordination of Government policy.
It could also act as a legal basis for the adoption of new regulatory measures governing coastal zone management, marine spatial planning and the implementation of an ecosystem approach to the management of the marine environment. Importantly, it will bring our national maritime policy back in line with recent developments in European policy and comparative law.
Dr Ronán Long holds the Jean Monnet chair in European commercial law at NUI Galway and is a scholar-in-residence at the University of Virginia school of law