2026-07-01

I thank the Ceann Comhairle's office for selecting this Topical Issue for debate this morning, and I welcome the Minister of State, Deputy Dooley, to the Chamber. As he knows, I raised this matter in the Upper House on 18 March, and due to its importance for coastal communities, I wanted it to be the first issue that I raised as part of a debate in this House. This is, as the Minister of State knows, a classic big guy versus small guy issue. As it stands, small harvesters are providing seaweed product to big and smaller processors. Smaller processors are on record as saying that they are quite happy with the status quo, but bigger players want to control the licensing. In March, the Minister of State indicated that the marine planning policy statement, MPPS, was being finalised and was expected to be brought before the Government in April gone by. What is the status of the MPPS? What is it proposing regarding seaweed rights? In September 2023, the then Minister of State with responsibility for local government and planning, Deputy Kieran O'Donnell, stated in the House: ... there also exists the right of individuals to harvest wild seaweed, namely those who hold appurtenant rights and profit-a-prendre rights. Their rights to harvest wild seaweed may be related to a property known as a folio or appurtenant right or built up through harvesting from the same area over a period of time known as a profit-a-prendre rights. The process of registering seaweed harvesting rights on a property folio is matter for the Property Registration Authority of Ireland [Tailte Éireann]. Advice provided by the Attorney General’s Office in 2018 to my Department was that these rights were to be respected. There is a cost and a burden on harvesters to register those rights. What thoughts does the Minister of State have in relation to a simpler, less costly procedure to allow harvesters to once and for all register their traditional or generational rights that are handed down but are not on existing folios? Something simpler than engaging with solicitors and going through Tailte Éireann is in order. Tá sé ráite ag an Aire Stáit go gcaithfimid cearta na mbainteoirí a chaomhnú agus a chosaint. Dúirt na hiarAirí Stáit ag an am, an Teachta O’Donnell agus iarTheachta English, go gcaithfí na cearta sna fóiliónna agus na cearta traidisiúnta eile a chaomhnú agus go bhfuil ról ag Tailte Éireann maidir le cearta feamainne atá leagtha síos ó ghlúin go glúin ach nach bhfuil scríofa ar fóiliónna a chlárú. Ach tá costais ag baint leis seo. An bhfuil aon bhealach go bhféadfaí é sin a dhéanamh trí phróiseas níos simplí agus ar chostas íseal? Céard iad smaointe an Aire Stáit air seo? Tá ról ag Maritime Area Regulatory Authority, MARA, agus tá a chuid oifigigh den tuairim nach bhfuil ceadúnas ag teastáil le haghaidh bailiú nó baint méid beag feamainne ar bhonn neamhthráchtála le haghaidh úsáid phearsanta. De réir MARA, má tá daoine ag baint agus ag bailiú feamainne le haghaidh úsáid tráchtála, nó méid mór le haghaidh úsáid pearsanta, ní mór dóibh iarratas a dhéanamh ar cheadúnas úsáide ó MARA. Tá na rudaí seo fíorthábhachtach. Níl sé soiléir céard atá ag teastáil ó bhainteoirí feamainne. This is an issue that has been going on for many years. While there was some certainty provided in the Attorney General's advice back in 2018, there are still licence applications being lodged that I presume are not being dealt with by MARA. MARA is a new agency and it has a role in deciding on those licences, but it is important that there be clear direction from the Department in relation to this. Is there a simpler process whereby, once and for all, we can deal with the generational rights of seaweed harvesters to control their product and rights?

I thank the Deputy for his question. I know of his particular interest in this area. I have met with him and some seaweed harvesters. Indeed, he and I have discussed this in the Seanad previously. I thank him for his advocacy on behalf of those people who are particularly impacted by this and I congratulate him again on his successful election back to this House, where I have no doubt he will make a significant impact as he has in the past, not least on this issue. Ireland's first non-statutory 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 Maritime Area Planning, MAP, 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 of 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 it in exercising their statutory functions. This is intended to ensure that consistency, precautionary and evidence-based decision-making across all Departments and agencies. The objectives of the NMPF in relation to seaweed harvesting are: to 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 that support multiple vital ecosystems are safeguarded and respects existing formal and informal rights to harvest - I think this last is the nub of where the Deputy is coming from - and support ongoing research to build on available data to support sustainable seaweed harvesting. The Deputy has asked for my view on that, which I have made known to the officials. It is that where people have rights that are established, either by way of documented evidence on folios and other means or through a significant tradition that can be verified insofar as possible, their rights should be respected. We see this from an historical perspective. Coming from a small farm in the west, I am very conscious of parcels of land not always being documented in a manner that would be sufficient to address the ownership or the title deeds, etc. We have to find a methodology of addressing that. Our officials are working on that. The enactment of the MAP Act in 2021 subsequently provided a statutory framework for marine planning policy statements, and following a consultation on a draft statutory MPPS in 2025, that policy statement is currently being finalised and is expected to be brought before the Government in the coming weeks. We had intended and hoped it would be ready for April but it has lagged a little bit. I am aware of the complexities involved in relation to traditional seaweed harvesting, having met and engaged with representatives of the industry, as I did with the Deputy. The Maritime Area Regulatory Authority has also engaged with representatives of the industry and is engaging with the Department in relation to the existing regulatory framework, because that has to be clarified to some extent. 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 2021 Act, which provides for maritime usage that may be undertaken pursuant to the granting of a licence. MARA shall, before granting a licence, have regard to any environmental impacts arising, and any Government policies that may affect or relate to the functions of MARA. That is a critical component of this discussion. I would also note that departmental officials are examining the regulatory framework to ensure that it is appropriate to adequately safeguard holders of traditional seaweed harvesting rights.

I thank the Minister of State for his comprehensive response. I welcome the fact that he expects the MPPS to be brought to the Government in the coming weeks. May I assume, therefore, that MARA is not granting licences pending the MPPS? Is that in abeyance? Is there a formal process? Is it involving itself in consultation on the best way forward in relation to the harvesting of seaweed and the licensing thereof? It is a relatively new agency. It is an issue that no licences have been granted for a number of years. The Minister of State has said that departmental officials were working on a simplification or a process to allow this. Have we any timelines in mind for that? The most important thing is that there would be a simpler process before any licences would be granted by MARA. It is key that MARA would not grant licences until we have a clearer system, the MPPS and a policy from the Department and that MARA was aware of this. I hope that MARA is sitting on these licence applications and is either rejecting them because of lack of a policy, or else just not dealing with them, and that the Minister of State would be given time to ensure that the traditional rights of seaweed harvesters were protected via whatever process or simplification could be done. It is important - the Minister of State has an opportunity in this - to ensure that this issue is put to bed once and for all, that these traditional rights would be registered in some fashion at no great cost to the harvesters themselves, and that these rights could be handed down to the next generation.

I want to make the Deputy aware that MARA has a statutory function. It is an independent regulatory authority. I would not be in a position, nor would the law permit me, to influence the work it does. In the adjudication of any licence application, it will have to follow the legislation as it stands and would not be minded to consider what we might be discussing in this House or what any future proposal might be. However, as I indicated to the Deputy, we want to bring forward proposals that would, insofar as possible, provide support to those traditional harvesters in recognition of the rights that have been established over a prolonged period of time. I want officials to pursue it insofar as is legally possible so that we can provide assurances, give recognition of those rights even in circumstances where documented rights are not established on folios, etc., and find a registration process that would comply with the law. In line with the law since MARA's statutory establishment, applicants may apply to the regulator for a licence to harvest seaweed in accordance with Schedule 7 of the 2021 Act, which provides for maritime usage that may be undertaken pursuant to the granting of a licence. Before granting any licence, MARA shall, of course, have regard to any environmental impacts arising. As I said, MARA is within its rights. MARA has a large volume of applications relating to matters right across its remit, whether it be in respect of offshore renewables, Irish Water applications or seaweed harvesting. There is a large volume of work has yet to be concluded.