Three recent government initiatives have led to the situation we are in today. The current position is that not one of the offshore wind developments currently proposed, including those being pushed by the government in their ‘Phase 1’ plan, have been subject to Strategic Environmental Assessment.  In addition, more recent applications for investigative foreshore licences are being granted without being subject to Environmental Impact Assessment.

The three initiatives are as follows:

Firstly, in May 2020, while the country was in Covid lockdown, it was announced jointly by the Department of Housing, Local Government and Heritage and the Department of Communications, Climate Action and Environment that seven offshore wind proposals would be classified as ‘relevant’ projects. This decision came out of the blue, was subject to no environmental assessment, no public participation and there was no access to a public right of appeal, possibly in breach of the Aarhus Convention.

Secondly, these same proposed wind developments, based on their special status as ‘relevant’ projects, were granted Maritime Area Consents (23rd December 2022) on the sole authority of the Minister for Energy, Climate and Communications, Eamon Ryan. A Maritime Area Consent (MAC) gave the developer 45-year occupation rights over a specified area of the Foreshore and the right to engage in the State’s Offshore Renewable Support Scheme (ORESS).

Thirdly, following the ORESS auction, four of the proposed projects were successful, meaning that they are now deemed eligible to apply for planning permission (development consent).

None of the projects first designated as ‘relevant’, then given MACs and subsequently allowed to proceed to apply for permission to construct were ever subject to Strategic Environmental Assessment. Difficult though it is to believe, this is the case and represents serious breaches of best practice and adherence to European law.