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Dáil Éireann debate -
Wednesday, 30 Apr 2008

Vol. 653 No. 3

Fisheries Protection.

The Sea-Fisheries Protection Authority report gives the impression that the bulk of illegal fishing is being carried out by Irish boats. While I do not defend any such illegal activity, I am aware from experience that most of those involved in the fishing sector are of the opinion that most illegal fishing is carried by non-Irish vessels. I still await replies to a number of questions I tabled on the number of verbal and written warnings issued to vessels by the Sea-Fisheries Protection Authority and the number of prosecutions it has initiated. I understand the authority did not give any verbal or written warnings and chose instead to initiate prosecutions immediately.

The Naval Service, on the other hand, which deals mainly with foreign vessels fishing in Irish waters, issues verbal warnings first. There follows a written warning and, if necessary, a prosecution ensues thereafter. Given that 75% of the legal catch in Irish waters is being taken by non-Irish boats, we must assume illegal fishing is being carried out in at least the same proportion, and probably higher, due to the limited resources and powers the Irish protection services have on foreign vessels. According to one estimate, at least 9,000 tonnes of fish are illegally caught in our waters each year. That amounts to €45 million per year. To put that in context, the value of the demersal and pelagic catch by Irish fishermen in 2004 was €123 million. I want to bring to the attention of the House and the Minster that I am totally dissatisfied, as a representative of a coastal community, with the fact that the Sea Fisheries Protection Authority is targeting Irish vessels and does not give them the opportunity of a verbal or written warning prior to prosecution.

I thank the Ceann Comhairle for selecting this very important matter to be raised. When does the Minister for Agriculture, Fisheries and Food intend to remove the element of criminal prosecution of those charged under the various fisheries Acts, and will she make a statement on the matter? I see the Minister, Deputy Coughlan, was unable to come to the House but the Minister of State, Deputy Browne, whom I know very well and who has a very good, thorough knowledge of the fishing industry, will take her place here tonight. The fishermen of this country have many problems but this problem can be removed with the stroke of a pen by the Minister for Agriculture, Fisheries and Food before she might depart for greener pastures in the coming week.

We seem to be the best Europeans in the EU. Not only are we implementing EU regulations, but we are penalising Irish fishermen more severely than any other member state. No other member state imposes criminal sanctions on its fishermen for these offences. There was no stipulation from the EU to criminalise Irish fishermen. Why did the Government implement such a rash measure on our Irish fishing skippers? The criminalisation of Irish fishermen must be stopped immediately. If there is an infringement of EU regulations in any other country in Europe it is dealt with at District Court level, not going as far as Circuit Court level. We criminalise Irish fishermen, which shows on their record if they travel to the United States or elsewhere abroad. No other European country does that. If the Taoiseach can ask Congress in the great USA today for an amnesty for the illegal Irish in America, I ask only for an amnesty for our Irish fishing trawler owners here.

I understand the Minister has hinted she wants to change this. I demand that the Minister remove this blatant discrimination by confirming tonight, through the Minister of State's reply, her intention to do so and to stop the criminalisation of Irish fishermen. I look forward to a positive reply from the Minister of State and I wish his superior luck in whatever might happen next week.

I thank Deputies Ferris and Sheehan for raising this very important issue. Ireland has a very important position as custodian of the largest and richest fishing waters within the EU and in our location on the edge of the Atlantic Ocean. Ireland continues to maintain high standards in the enforcement of regulations within the exclusive fisheries zone using the resources of the Naval Service, the Air Corps and the Sea Fisheries Protection Authority. The use of these resources with the addition of satellite monitoring of all fishing vessels, EU and non-EU, allows a high level of monitoring and surveillance of our waters.

The fishing activity of non-Irish fishing vessels within our 200-mile limit is monitored by a combination of maritime air patrols by the Air Corps, simultaneous deployment of several Naval Service patrol vessels within our 200-mile limit and beyond, close monitoring of the position signals from these fishing vessels relayed via satellite to the fisheries monitoring centre at Haulbowline and direct inspections of these fishing vessels by the Sea Fisheries Protection Authority when they enter Irish ports to land their fish. The control authorities also co-operate with our neighbouring member states to ensure effective protection of the fisheries in our waters and elsewhere.

Notwithstanding the efforts employed by the Irish control authorities, illegal fishing practices by all fishing fleets in Ireland's exclusive fisheries zone remain a matter of ongoing and substantial concern. Illegal practices militate against the protection of our fisheries resources and their exploitation in a sustainable way into the future. I have worked to strengthen the tools available to our control authorities to monitor activities at sea. Following strong pressure from Ireland, the Agriculture and Fisheries Council agreed a new EU regulation on electronic recording and reporting of fishing activity and on a means of remote sensing of fishing vessels. The new measures oblige fishing vessels to record and submit their logbook by electronic means at least once a day to the control authorities. Coastal member states will have full on-line access in real time to the electronic log book and landing declaration data of all vessels operating in its waters. This measure will substantially strengthen Ireland's controls at sea.

We must ensure that the rules of the common fisheries policy are evenly and properly applied throughout the Union. As Minister with responsibility for fisheries, I have worked to deliver a level playing field on control and this will remain my top priority. The conservation and sustainable management of fish stocks are critical to support and protect fishing communities dependent on fishing around the coast and we must ensure that all fishing vessels fishing in our waters respect the rules.

Regarding prosecutions for illegal activities, it is important to reflect, as I have outlined, the importance of having in place penalties that act as a deterrent to address illegal fishing activity by all fishing vessels operating in our zone. Obviously Deputy Sheehan must have got a tip-off.

He is a man with his nose to the ground.

The possibility of introducing administrative sanctions was comprehensively considered at the time of the passage of the Sea-Fisheries and Maritime Jurisdiction Bill through the Oireachtas in 2005 and 2006 but these were not included in the Act. The position taken by the Minister at the time was based on the legal advice from the Attorney General.

Under the current Act all sanctions are purely financial in nature. The Act simply sets down the maximum fines that may be applied. No minimum fine is set and it is purely a matter for a judge, taking into account the specific case, to determine the actual fine levied. The Act also applied for the first time a scaled approach to setting maximum fines whereby the maximum fines set for smaller vessels are less than for larger vessels. In that respect the 2006 Act sought to guarantee a degree of proportionality for fines based on vessel size, a factor which did not exist in the previous legislation.

On foot of the recent Court of Auditors report on fisheries control the Commission is proposing wide-ranging proposals to reform and update the EU fisheries control framework and it is likely that the issue of harmonised sanctions will be considered in that light. In addition, the recent Commission proposal on illegal, unregulated, unreported fishing proposes a degree of harmonisation of sanctions for fisheries offences. This approach may have significant implications for the application of administrative sanctions in Ireland for fishery offences.

At that time, as Deputy Sheehan hinted, I asked my Department to review the operation of sanctions under the Sea-Fisheries and Maritime Jurisdiction Act 2006 in light of experience since its enactment. Officials of my Department will be consulting, among others, industry representatives, the Sea Fisheries Protection Authority and the Office of the Attorney General in the course of their review. Invitations have been issued to the fishing industry representative organisations inviting them to meet with official groups to present views on this issue as soon as possible.

Will the Minister decriminalise the actions of the fishermen?

We will review the legislation.

I want an amnesty for our trawler owners who are victimised.

Schools Building Projects.

I thank the Ceann Comhairle for the opportunity to raise the important subject of the provision of a new school for Athlone Community College. This is not a mushroom-type project of which the Minister and his Department has only recently become aware. On the contrary, the Minister and his Department officials are fully conversant with this important project for Athlone. A detailed feasibility study was carried out on it in 2002 and 2003. Athlone Community College was constructed in the 1970s, backed by funding from the World Bank. The building clearly had a limited lifespan which has now been greatly exceeded. The rationale for putting in place a new school has been clearly proven and all that is required is to ensure the old building is replaced immediately. No ifs or buts — replacement with a top-class building capable of catering for 1,000 pupils is immediately needed.

The building currently accommodates 860 pupils and there was no equivocation when the decision was made to construct a new building. Following the aforementioned feasibility study, the school authorities were informed that it had been placed in priority banding 1, a decisive indication that a new school was the only way forward. I salute the school principal, Val O'Connor, and all the teachers who, together with the board of management and the parents' association, must be rightly proud of the excellent academic achievements of the school's pupils over the last number of years, complemented by their heroic achievements on the sporting and cultural fields.

In this context, let us retrace the history of this project, which, unbelievably, appears to have been put in cold storage despite unqualified assurances and commitments by the Minister of State's senior Minister, Deputy Hanafin, in correspondence in November 2006 to both former Deputy Cassidy and Gearóid Ó Brádaigh, chief executive officer of Westmeath VEC, that it was full steam ahead for the school building project. To former Deputy Cassidy, the Minister stated in her letter that the school was authorised to commence architectural planning with immediate effect. It was indicated in this correspondence that the building unit of her Department would shortly be in contact with the school to outline how the project would progress. As expected, the Department's building unit, on 16 November 2006, some eight days later, contacted Mr. Ó Brádaigh indicating that the proposed development of Athlone Community College was one of the projects selected to proceed with immediate effect. After this, to facilitate the initiation of the design phase of the school project, the interested parties were invited to meet with officials in Tullamore on Wednesday, 13 December 2006. They duly attended and came away heartened that no obstacles would be placed in the path of the advancement of this important project. We were all greatly satisfied with that assurance. Indeed, one of the participants recalls only too well the assertion by the officials at the meeting that the only people who could delay the project were the clients — that is, the VEC. That was music to everyone's ears because the VEC was on the button and was pressing ahead. It was confident that a new school would be in place at the end of 2010 or 2011 at the latest. That was the target set out in the school project feasibility study, and Kinnegad was also mentioned in this regard.

We can imagine their shock, then, when in response to a letter of 2 April 2008 from the CEO — he also wrote in December 2007 — expressing concern about the complete standstill and absence of any progress in the project over a period of several months, the Minister replied in a letter dated 9 April 2008 that a developing areas unit had been set up in her Department to focus on the school accommodation needs of rapidly developing areas, including the area to which the CEO referred — namely Athlone — and that in this context the status of the project was to be assessed and progression of the project would be considered in the context of the multi-annual school building and modernisation programme. This was a stalling exercise, no more and no less. What further review is required? Surely the Minister of State does not intend to waste valuable time and resources by trying to reinvent the wheel. The reassessment surely has the sole purpose of delaying the progress of this important project. The status of the project has already been decided by the Department's officials and any further attempt to change the goalposts or procrastinate about status will be seen for what it is — the diversion of money that has been designated for an important centre of learning in Athlone — which, along with Mullingar and Tullamore, is one of the gateway towns of County Westmeath — to other areas of the country, notably the eastern seaboard and Dublin in particular. This should not happen. Money should be provided for every new school that is required. It should not be a question of either one school or another. There are schools needed all over the country and if we do not have the money to provide the necessary educational accommodation, we could readily borrow funding for the purpose of providing much needed schools.

At a special meeting of County Westmeath VEC on Monday, 28 April 2008 — only a couple of days ago — members unanimously called upon the Minister, Deputy Hanafin, to meet a deputation to ensure there will be no further delays, foot-dragging or procrastination in this important project, and that it will proceed as planned in the original timetable. I call upon the Minister of State to meet with his senior Minister to ensure that this project goes ahead as planned and that she will meet the deputation, as requested by me in a letter to her dated 28 April 2008. I look forward to a positive reply from the Minister of State. He is well aware of how important schools are in giving an opportunity to people to start off well in their educational fields.

I thank the Deputy for raising this matter as it provides me with the opportunity to outline to this House the Government's strategy for capital investment in education projects and also to outline the current position with regard to the Athlone Community College building project.

As the Deputy may be aware, a developing areas unit was set up recently in my Department to focus on the school accommodation needs of rapidly developing areas. The main emphasis in 2008 is on providing sufficient school places in these developing areas as well as delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The developing areas unit has identified Athlone as an area of rapid development. In this regard, a decision has already been taken to replace and expand the existing Athlone Community College. The new building will cater for 1,000 pupils. This project has advanced to the point where schedules of accommodation have been drawn up. These were issued for observations to the VEC and its response in this regard is being considered by the Department's senior building inspector.

While I am not in a position to give a timetable for the commencement of this particular project, I will reiterate that the need for a new school building for the school in question is acknowledged by my Department. Once the schedules of accommodation have been finalised and agreed, the building project required to deliver the new school building will be considered in the context of the multi-annual school building and modernisation programme.

I thank the Deputy once again for affording me the opportunity to outline to the House the current position on Athlone Community College.

I thank the Ceann Comhairle for the opportunity to bring the matter of Ballygarvan national school before the Dáil. As the Minister for Education and Science is aware, I have raised this matter with her on two previous occasions. In November of 2007 I asked when the building of a new school would be completed and brought to her attention once again the overcrowded conditions in the existing school. I also asked her to explain what is impeding the progress of the project. In December 2007 I raised the matter of when the Office of the Chief State Solicitor would be instructed to finalise the purchase of the three plots of land and when the construction of the school would commence. Tonight I raise again the urgent matter of Ballygarvan national school and I ask the Minister of State whether the Department's officials have begun the conveyancing and contract process, when this is due to be completed, and when the contracts will be signed so that construction of the new school can commence.

The present school is grossly inadequate to meet the needs of the village population. Inordinate delays have meant that the current school population subsists in prefabricated and dilapidated buildings which breach the Department's guidelines on proper accommodation. I salute the staff who go to work there every day and provide a high-quality education to the children of that area in spite of the problems experienced by the school as a result of the delay in this project.

I wish to quote some of the parents who have corresponded with me on this matter. One parent says: "Our three children attend Ballygarvan National School and of the three, two of them are accommodated in portakabins." Another states:

The issue of a new school has been topical since our oldest child started in school — she is now in fourth class and is educated in a portakabin. I have no reason to believe that she will ever attend the new school as she will be finished primary in two years.

I draw the Minister of State's attention to the following point in particular: "Some two years ago, the books, personal belongings and general contents of one portakabin were removed and burned because evidence of rat infestation was found INSIDE the portakabin and this course of action was deemed necessary as a safety precaution." The removal and burning of coats, schoolbags, books and other school articles because of rats is completely unacceptable in 2008.

Another parent outlines succinctly the difficulties outlined by the school and goes on to say:

We have been told about the legal difficulties in relation to the site but there have been difficulties for the last 10 years. These excuses are not going to help my asthmatic child when he is in a damp cold classroom next year in an obsolete building. Nor does it help children trying to learn in overcrowded classrooms or get some physical exercise in a tiny yard. In any project in my business, I make sure the professionals get on with their job and get the thing progressed. That is surely the Government's job through the Department of Education in the case of this school.

In 1998, Ballygarvan national school started the process of seeking a new school for the area as there was major growth in the community. In 2001, a configuration of three sites was identified. In February 2003, due to a lack of available funding, negotiations for the acquisition of these sites were put on hold and in May 2004 negotiations for the site acquisitions were recommenced. It is now 2008. Ten years after that initial day a community which has grown several fold is still without the basic requirements of what we would call a school. The idea that in this economy ten years down the line the Government believes it is acceptable for the children of the Ballygarvan area, their parents and the teachers who work there to have to go to this school in its current condition on a day-to-day basis is unacceptable.

I look forward to hearing the Minister's response. I hope it is not the general platitudes of the building programme. This evening I want specific answers about this school.

I thank the Deputy for raising this matter as it provides me with the opportunity to outline to the House the Government's strategy for capital investment in education projects and also to outline the current position on the building project for Ballygarvan national school.

Modernising facilities in approximately 3,200 primary and 730 post-primary schools is not an easy task given the legacy of decades of under investment in this area as well as the need to respond to emerging needs in areas of rapid population growth. Nonetheless, the Government has shown a consistent determination to improve the condition of our school buildings and to ensure that the appropriate facilities are in place to enable the implementation of a broad and balanced curriculum.

The Government has dramatically increased investment in the school building programme from just over €90 million in 1997 to almost €600 million this year. Under the lifetime of the national development plan, almost €4.5 billion will be invested in schools. This is an unprecedented level of capital investment which reflects the commitment of the Government to continue its programme of sustained investment in primary and post-primary schools.

As the Deputy may be aware, a developing areas unit was set up recently in the Department to focus on the school accommodation needs of rapidly developing areas. The main emphasis in 2008 is on providing sufficient school places in these developing areas, as well as delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

On Ballygarvan national school and Carrigaline generally——

——the developing areas unit of the Department has identified Carrigaline as an area of rapid development. In this regard, a decision has already been taken to replace and expand the school. The new building, when completed, will be a 16-classroom school.

A suitable site has been identified for the school in question. The site comprises three plots of land with three separate vendors. A number of issues have arisen during the acquisition process and the Department is continuing to progress these outstanding issues in consultation with the Chief State Solicitor's office. When the site acquisition is complete, a building project for the school will be considered in the context of the Department's multi-annual school building and modernisation programme.

While I am not in a position to give a timetable for the commencement of this particular project, I reiterate that the need for a new school building for the school in question is acknowledged by the Department. In the meantime, temporary accommodation for the school has been approved by the Department as an interim measure to facilitate increased enrolments next September.

I thank the Deputy once again for affording me the opportunity to outline the current position on Ballygarvan national school.

It is clearly evident from this evening that nothing has changed since November and December last when I raised this matter.

The Deputy cannot contribute again.

There has been no further progress.

Please, Deputy, you cannot contribute again.

The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Thursday, 1 May 2008.
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