Vol. 422 No. 1
12 Mrs. Barnes asked the Minister for the Marine if he will outline the action he will take to ensure that section 15 of the Fisheries Act, 1959, will not be used to deny citizens and communities their opportunity to defend their rights as highlighted in the recent High Court decision regarding Ballyvaughan Bay; and if he will make a statement on the matter.
A judgment was given my Mr. Justice Johnson in the High Court on 26 May 1992 in this matter. The Minister is examining the judgment in detail and is taking legal advice on the implications of the judgment for the particular case and for the wider area of aquaculture and fisheries policy. My consideration together with that of the Minister includes whether any aspect of the order of the court should be appealed. I do not wish to comment further on the case at this time.
I welcome the fact that the issue is being explored. The judgment would seem to dictate that there had been a deliberate attempt to use only one section of the Fisheries Act and not to use the broader provision which would give greater access and rights to the community. The issue is serious, particularly in the light of community rights and, it is to be hoped, regional powers. Would the Minister not agree that on environmental grounds it is very important that the community and the individuals involved in that region have the right of reply and to have the same access as that enjoyed by the Department?
It is not my intention or that of the Minister or the Department to deny people their rights nor to deny them the opportunity to defend their rights. This issue involves a fish culture licence and a designation procedure, referred to by the Deputy. With a fish culture licence the procedure followed provides for an administrative inquiry. But a fish culture licence goes hand in hand with a foreshore licence. In order to obtain a foreshore licence one must place notices in the newspapers circulated in the area concerned. As far as I understand the position, the information is also made available in the local Garda stations. The Deputy was quite right in her reference to a designation procedure, which is a lengthy procedure that gives opportunity for an oral inquiry. If one applies for an area within the designated area and is successful one then receives an aquaculture licence, but in addition to that one must also have a foreshore licence. This was not a matter concerning the issue of a licence of which the public would not be aware. I am of the opinion that the High Court order may be perfected, possibly today. After that we have 21 days to decide what the Department should do.
