First, I thank the Leas-Chathaoirleach for choosing this Commencement debate. I welcome the Minister of State, Deputy Dooley.

The Foreshore Act 1933, was replaced by the Maritime Area Planning Act 2021 as it relates to this matter of seaweed. Schedule 7 to the MAP Act sets out maritime usages in relation to seaweed and the harvesting, distribution or removal of seaweed whether grown or rooted on the seabed or deposited in or washed up thereon by the action of any one or more than one of the following: tides, winds and waves. Therefore, the view of the Maritime Area Regulatory Authority, MARA, is that the harvesting and collection of seaweed requires a licence from MARA. I understand senior counsel's advice was obtained to ensure it has the correct interpretation of this. That confirmed that a licence is required to collect or harvest seaweed where the person who privately owns that section of the foreshore holds other traditional seaweed harvesting rights or holds no rights at all. It also confirmed that existing rights holders have priority over new applications for licences and any licence being issued to a new harvester will be on the basis that, should a party with traditional private seaweed rights that can be proven subsequently come forward, the licence to the new harvester will be rescinded. It has also taken the view that the collection and harvesting of small volumes of seaweed on a non-commercial basis for personal or domestic use does not require a licence.

I also understand that it contacted the Department requesting that it would consider drafting regulations in terms of the low-usage impact of seaweed harvesting and that that would be exempted from the requirements to hold a licence under section 7 of the MAP Act. Seaweed is a valuable commodity and a valuable resource but it also has enshrined in it certain traditional rights. As some people have said, it is treated as being like the field of war. Bhí MARA an-chúramach ina anailís ar an Acht MAP chun cearta na páirtithe go léir a chosaint. D'iarr sé ar chomhairle ón Ard-Aighne. Dheimhnigh an tArd-Aighne go bhfuil ceadúnas ag teastáil chun feamainn a bhailiú nó a bhaint, cibé acu a bhfuil an chuid den chladach faoi úinéireacht phríobháideach ag daoine a bhfuil cearta eile bainteach le baint feamainne acu nó nach bhfuil aon chearta aige nó aici ar chor ar bith. Dheimhnigh an t-Ard-Aighne freisin go bhfuil tosaíocht ag sealbhóirí cearta atá ann cheana féin thar iarratais nua or ceadúnais.

Tá MARA den tuairim nach bhfuil ceadúnas ag teastáil le haghaidh bailiú nó baint méid beag feamainne ar bhonn neamhtráchtála le haghaidh úsáid phearsanta. Tá MARA ag rá nach bhfuil aon ghá ghníomhaíocht bhreise a dhéanamh ar bhunús an chiorcláin ó MARA má tá méid beag feamainne á bhailiú, ach má tá daoine ag baint agus ag bailiú feamainne le haghaidh úsáid tráchtála nó méid mór le haghaidh úsáid phearsanta, ní mór dóibh iarratas a dhéanamh ar cheadúnas úsáide ó MARA.

Tá na rudaí seo fíorthábhachtach. Níl sé soiléir céard atá ag teastáil le bainteoirí feamainne. Tá faitíos orthu ó thaobh na gceart traidisiúnta atá acu agus cén impleacht a bheas ar na hiarratais ó na comhlachtaí móra. Ní mór doibh iarratais a dhéanamh nó ceadúnais a úsaid ó MARA. MARA is charged with responsibility for seaweed rights but there is some confusion at the moment about the rights of the traditional seaweed harvester, particularly those that are not laid down under folios. What plans does the Minister of State have to engage with MARA? Does he have powers to direct it in relation to exemptions for seaweed harvesting?

I thank Senator Kyne. I note his interest in this matter, which he has raised with me on a number of occasions. I am pleased to get an opportunity to discuss it in the House.

Ireland's first non-statutory marine planning policy statement, MPPS, for all marine planning aspects was published in November 2019, pending the introduction of the national marine planning framework and the enactment of the Marine Area Planning Act 2021. In 2019, the MPPS outlined existing components of the marine planning system and its future vision. It set out the high-level priorities for the enactment of the marine planning system in Ireland. Ireland's national marine planning framework, NMPF, was subsequently adopted in May 2021. The NMPF brings together all marine-based human activities for the first time, outlining the Government's vision, objectives and marine planning policy for each marine activity. All public bodies and consenting authorities are required to have regard to the NMPF in the exercise of their statutory functions. This is intended to ensure consistent, precautionary and evidence-based decision-making across all Departments and agencies.

The three objectives of the NMPF in relation to seaweed harvesting are as follows: support the sustainable harvesting of seaweed, having regard to the important economic and social contribution it makes to coastal communities; develop and maintain a fit-for-purpose regulatory framework that supports sustainable harvesting, ensures that key seaweed species which support multiple vital ecosystems are safeguarded and respects existing formal and informal rights to harvest; and support ongoing research to build on available data to support sustainable seaweed harvesting. The enactment of the Marine Area Planning Act in 2021 subsequently provided a statutory framework for marine planning policy statements and, following a consultation on our draft statutory MPPS in 2025, the policy statement is being finalised and is expected to be brought before Government in April of this year.

With regard to seaweed harvesting specifically, the draft MPPS contains a commitment that the marine planning system will "support the development of a regulatory framework for seaweed harvesting, formulating policies which enhance and safeguard key seaweed species and having regard to the important economic and social contribution seaweed makes to coastal communities." In this context, the development of a seaweed policy led by the most appropriate Government Department would require significant interdepartmental engagement and stakeholder consultation, given the range of social, economic and environmental factors that would need to be considered.

I am very aware of the complexities involved in relation to traditional seaweed harvesting, having recently met representatives of that industry - in fairness, the Senator was present at one of those meetings - and engaging with them. The Maritime Area Regulatory Authority has also engaged with representatives of the industry and is engaging with the Department on the existing regulatory framework. In that context, it is important to note that since the establishment of MARA, applicants may apply to the regulator for a licence to harvest seaweed in accordance with Schedule 7 of the Marine Area Planning Act 2021, which provides for maritime usage, and may be undertaken pursuant to the granting of a licence. Before granting a licence, MARA shall have regard to any environmental impacts arising and any Government policies that may affect or relate to functions of MARA.

I thank the Minister of State and welcome what he has laid out regarding the policy being produced. When this is eventually published it will give guidance to MARA and those applying for licences. In the meantime, I am sure the Minister of State does not want to talk about any individual licence application.

If somebody were to apply for licences at the moment, how would they be treated? As I understand it from MARA, no new licences have been granted since March 2014 because of legal concern at the time. The advice of the Attorney General at the time was that those legal concerns related to the granting of foreshore authorisations in a manner that impaired the rights of persons with traditional harvesting rights for that same part of the foreshore. If applications come in now that claim they are not impacting on the traditional rights, will they be adjudicated on by MARA or left in abeyance until such time as this new policy comes into being?

I thank the Senator. As he has rightly identified, I am precluded from discussing or engaging with the functions that are the sole preserve of MARA. Having met with representatives such as the Senator and others, I am acutely aware of their concerns and particularly of those of the traditional harvesters, both those who have reference on their folios and those who do not but have a track record in the area. I am also very concerned about the issues that were rightly identified in those engagements.

I would like to reassure those who I met and engaged with and who hold traditional rights to harvest seaweed that those rights will be protected - that is fundamentally important to me - regardless of how or where they are documented. I have asked officials in our Department to examine the regulatory framework that is currently in place to ensure it is appropriate to adequately safeguard holders of traditional seaweed harvesting rights. I have asked for this work to be commenced immediately. It is my intention as the Minister of State to ensure clarity and certainty are brought to the matter. I would be pleased to keep the House updated as that work continues.

As the Senator will appreciate, the system as it is currently understood is not meeting the needs and expectations of those he refers to. I am very anxious that we address that issue. From what I have seen, the traditional harvesters have a minimal to low impact on the stock of seaweed that is there. We must protect and preserve the rights of those people to the greatest extent possible.