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Dáil Éireann debate -
Wednesday, 10 Dec 1997

Vol. 484 No. 4

Priority Questions. - Fish Kills.

Michael Finucane

Question:

11 Mr. Finucane asked the Minister for the Marine and Natural Resources the action, if any, he intends to take following a number of major fish kills on inland waterways for the period from January to September 1997; and the prosecutions, if any, there will be following these fish kills. [22100/97]

I fully share the Deputy's concern about the level of major fish kills this year, with 39 reported incidents to date in 1997, involving more than 200,000 fish. The comparable figure for 1996 was 47 fish kills involving some 30,000 fish. The main causes identified to date, which included some particularly appalling incidents, were enrichment, agricultural practices, sewage and industrial effluent.

Since taking office, I have given the highest priority to tackling pollution and its causes in fisheries and fish habitats. It was immediately clear to me, in the light of the series of incidents during the summer months in particular, that urgent action on a number of fronts was required. I announced last August a six-point action plan on water quality management designed to ensure the resources of the fisheries boards and of all relevant agencies are co-ordinated and deployed to best effect to deal with water pollution, by tackling its causes at source and by acting swiftly whenever it occurs.

The Central Fisheries Board is expediting implementation of the plan in consultation with the Regional Fisheries Boards and all relevant players, including the farming organisations, Teagasc, local authorities, the Environmental Protection Agency and the angling organisations. The board is establishing a dedicated Environmental Co-Ordination Response Unit tasked with the national back-up, co-ordination and mobilisation of resources. The board is also progressing the other elements of the plan, including developing structured dialogue and co-operation between all the relevant agencies on water quality issues, improved information systems and a programme to upgrade the board's water quality laboratory services.

My overall objective is to ensure that resources are effectively deployed in the crucial tasks of pollution prevention, water quality monitoring and incident response. I have underlined the imperative for a partnership approach across all the relevant agencies and sectors, to ensure that fisheries resources, and the habitats which support them, are protected and conserved. The positive response to date from all organisations and agencies to my initiative makes me confident I have the co-operation of all concerned in delivering on these strategies.

While respecting the Minister's efforts in this area, no doubt he will be aware that the scale of fish kills during 1997 when 264,000 were killed compared with the figure for 1996 of 33,400 is enormous, including a huge fish kill on the Mulcair river in my area. Is the Minister aware that nobody has ever been jailed for an offence of this nature in sharp contrast with the circumstances when drift net fishermen used monofilament nets? They were fined, many of the fines were not paid, and the offenders were subsequently jailed. Furthermore, would he agree that incidents of deliberate pollution, as have occurred in the past, result in horrendous levels of disease? The Minister will also be aware of the remedial action taken in the agricultural sector to prohibit the use of angel dust? Will he agree that, in the case of deliberate acts of pollution, that course of action will have to be considered in the case of any future fish kills?

I agree with Deputy Finucane that is a course of action which should be considered in any case of deliberate pollution. On the point he made that as yet no polluter has been jailed whereas drift net fishermen have been, I should point out that whenever a person is fined and refuses to pay he is in contempt of court and even if the amount of the fine is small, he could end up in jail. That could happen in any case of fine imposed in respect of pollution of our inland waterways.

In respect of the specific, horrendous fish kill on the Mulcair river, in its immediate aftermath I requested the Central Fisheries Board and the Shannon Regional Fisheries Board to commission a scientific investigation into the incident. The study, involving the University of Limerick, is being advanced. The Shannon Regional Fisheries Board has consulted the various interested parties in the area, such as the farming organisations, local authorities and fishery concerns. The study, when finalised, will provide a comprehensive assessment of the causes and effect of the fish kill and will inform future fisheries pollution prevention strategies for the Mulcair catchment area and elsewhere. The Deputy will be aware there is a good deal of conflict in respect of the Mulcair incident in respect of which we initiated an investigation straight away which I hope will soon provide us with the requisite information.

Can the Minister say whether anybody ever has received a jail sentence on the basis of deliberate pollution of our rivers?

I am not aware of any. Nonetheless, I accept the point made, that some of these fish kills are atrocious and the degree of negligence can be enormous. Of course, there are different kinds of fish kills. I know the Deputy is speaking of specific incidents of gross negligence and total carelessness, in respect of which the heaviest penalties should apply.

The Mulcair fish kill stimulated a great deal of reaction and, in fairness to the farmers the Irish Farming Association, under the outgoing President, Mr. John Donnelly, went out of its way to rectify any pollution caused by its members. That is very encouraging. Subsequent to the Mulcair incident I had meetings with Teagasc who were also prepared to draw up new recommendations on the use of phosphates, so the House will see that this issue is being taken very seriously. Indeed the Mulcair incident, and the reaction of the public and the Minister encouraged that kind of positive development which I shall continue to support.

While acknowledging all the efforts made in controlling pollution, the Central Fisheries Board plan and the Minister's targets, would he agree that all the most ambitious targets for the next five years will be totally undermined whenever there is irresponsible behaviour with regard to pollution of our waterways?

Yes, I agree. Indeed, local authorities, through their investment programmes, in particular with regard to sewage treatment, are being very helpful, but incidents of deliberate industrial or major farmyard pollution, with total disregard for its consequences are very serious. Even when the general level of pollution has been reduced or considerably controlled, isolated incidents may still incur. Such irresponsible behaviour will have to be dealt with very severely.

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