If permission was given to Dublin Port Company to reclaim 21 hectares of foreshore in Dublin Port it would be conditional on planning permission being obtained, the Minister for the Marine, Mr Fahey, told the Dail.
During his first Question Time he said new statutory arrangements were needed for the coastal zone, and he would seek Government approval to introduce legislation as soon as possible.
"Realistically, however, it will not be possible to bring forward such legislation until next year," he said. "It would not be reasonable to defer consideration of all major foreshore applications, including the one from Dublin Port, until a new legislative framework is in place."
However, TDs from Dublin North Central, in which the port area lies, expressed concern. Mr Richard Bruton (Fine Gael) asked if the Minister was confirming that "Dublin Corporation does not have the legal competence to consider a planning application for land which has not yet been reclaimed?"
The Minister said the matter had not been tested in law, but the Department should be fully aware of what was proposed if it agreed to give the go-ahead, and if the deputy "or anybody else wants to challenge the legality of this that is their prerogative".
A Government backbencher, Mr Ivor Callely (FF, Dublin North Central), asked what the timescale was for the decision-making process and said the matter had "generated tremendous feeling among the public in respect of the loss of a great amenity to the people of north Dublin as a result of port activity".
The Minister said he was aware of the public concern "which perhaps highlights the need for an overall strategic approach to this type of development".
Fine Gael's marine spokesman, Mr Michael Finucane, said that the Minister's predecessor, Dr Woods, had left Mr Fahey holding a "potential time bomb", and the buck was being passed to Dublin Corporation.
Mr Fahey said he did not see the problem with the port company setting out its plan for the foreshore so that everyone could see what would be involved.
