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JOINT COMMITTEE ON COMMUNICATIONS, ENERGY AND NATURAL RESOURCES debate -
Wednesday, 2 Dec 2009

Regional Fisheries Boards (Postponement of Elections) Order 2009: Motion.

Are the minutes of the meeting of 25 November 2009 which have been circulated agreed? Agreed.

The draft order regarding regional fisheries boards postponement of elections was referred to the joint committee by both Houses yesterday and it has been circulated to members.

That the proposal that Dáil Éireann approves the following Order in draft:

Regional Fisheries Boards (Postponement of Elections) Order 2009, copies of which were laid before Dáil Éireann on 20th November, 2009, be referred to the Joint Committee on Communications, Energy and Natural Resources, in accordance with paragraph (2) of the Orders of Reference of that Committee

I welcome the Minister of State at the Department of Communications, Energy and Natural Resources, Deputy Conor Lenihan and his officials. A note on the reasons for the postponement of elections to the fisheries boards has been circulated.

I thank the Chairman. Current responsibility for the management and development of the inland fisheries sector resides with the Central Fisheries Board and the seven regional fisheries boards. The Second Stage of the Inland Fisheries Bill 2009 was debated last night and as a result committee members will be aware that this new legislation will rationalise the management of the inland fisheries sector through the establishment of a national inland fisheries body to be known as Inland Fisheries Ireland. This body will be responsible for the protection, management and development of our inland fisheries resource, with a clear mandate to achieve value for money and efficiencies whilst ensuring the conservation and sustainable exploitation of our inland fisheries resource in the future. This follows on from the Government programme on the rationalisation of State bodies generally. Inland Fisheries Ireland will replace the existing central and regional fisheries boards. I expect this new body will be established as soon as possible after the enactment of the required primary legislation. This legislation was published on the 18 November 2009 and will now be progressed through the legislative process.

While it had been hoped to have the new structures for the management of the inland fisheries sector in place by now, this did not prove possible due to the complexities in drafting the Bill and the need, in the interest of better regulation, to restate a number of provisions from existing inland fisheries legislation in this Bill.

The committee will be aware that elections to the regional fisheries boards would be due to take place later this month following an extension agreed by the Oireachtas last year. Elections to the regional boards have been postponed for the past number of years and I accept this is a far from satisfactory position. However, having considered the options open to me this year and in cognisance of the forthcoming establishment of Inland Fisheries Ireland, I believe it would not be prudent to ask the boards to incur the costs of arranging elections and appointing new members for what would be a very limited period. In the circumstances, there is no alternative but to seek Oireachtas approval to make an order postponing the elections for a further year. The only option available to me is to postpone the elections for a year and the new legislation will then supersede the order which I hope the committee will sanction today. I can assure the committee that I am determined this will be my sole and final request to postpone elections to the regional fisheries boards. The new legislation, as published, provides that on the establishment of Inland Fisheries Ireland, the term of office of the members of the existing boards will expire.

For some time now it has been acknowledged that the current systems governing our inland fisheries resource are in need of restructuring and a number of alternative proposals have been considered in recent years. The committee will recall that in seeking sanction to postpone the elections last year, the then Minister of State advised of the Government's commitment to reduce the number of State bodies and agencies and that as part of this rationalisation process a new national inland fisheries body was to be established to replace the existing fisheries boards. This decision supersedes all other restructuring proposals previously under consideration for the inland fisheries sector and arrangements were put in place to have it implemented.

Early in the year, a small group chaired by the Department and with representation on behalf of the central and regional fisheries boards developed the key features of the new model and advised on the legislative provisions required to deliver the new regime. I have met and discussed these changes with the fisheries liaison group, the chairs of the fisheries boards and with other interested stakeholders. To give effect to these changes, the Government has approved a suite of measures to facilitate the restructuring of the inland fisheries sector and the creation of Inland Fisheries Ireland with strong regional executive structures to be aligned on the basis of the river basin districts. Approval was also secured to a draft scheme of a Bill to give effect to the restructuring proposals. While initially the single purpose of the Inland Fisheries Bill 2009 was to provide for the establishment of Inland Fisheries Ireland, it was decided that, in the interest of better regulation, a number of provisions of existing inland fisheries legislation would be restated in the Bill. This ensures that as many provisions as possible pertaining to the new body are contained in a single statute. I believe this makes for a more comprehensive and user-friendly piece of legislation.

In addition, the Department was required to identify existing legislation, both primary and secondary, with references to the central and regional fisheries boards and provide for appropriate amendments to ensure that those provisions will apply to Inland Fisheries Ireland on its establishment. Committee members will note from the detailed Schedules to the Bill that this was quite a considerable exercise. These factors, coupled with competing demands for the time of Office of the Parliamentary Counsel, contributed to the time taken to bring the legislation forward.

However, I am pleased to say that the legislation has been published and on foot of the very useful debate last night, I am confident of it progressing through the Oireachtas. I would hope it will be brought forward to enactment without any undue delay. I am willing to listen to the views of the Opposition spokespersons on how this legislation may be improved. In seeking agreement to this postponement of elections, I firmly believe that we are well on the road to establishing the new body. Given that the current term of office for both elected and appointed board members is coterminous, the order when made will extend the term of office of all existing board members. The order will also result in the postponement of election to co-operative societies. Similarly, on the establishment of Inland Fisheries Ireland, all of these bodies will cease to exist. In the circumstances, I trust the committee will recommend that the Dáil and Seanad should pass appropriate motions approving the order to defer the elections and I thank members for their consideration of this matter. I thank the members opposite for their contributions last night.

I thank the Minister of State and his officials, who know my feelings on this matter, for attending this meeting. It is probable that the officials are frustrated because they are not allowed to respond. The reality is that this has taken far too long. I do not intend to hold up the process further, having complained about the delays of the last two or three years, because we are there now.

We voted against this order last year because we were frustrated about being repeatedly asked to facilitate the Minister, year after year, as we waited for legislation. We have the legislation now, although we are being asked to facilitate the Minister once again. This whole process is an example of how things should not be done. Having said that, the Bill that has been published is reasonably good. My priority is to facilitate its passage through the various Stages in both Houses.

It is clear that the legislation will not be finalised by the end of this year. Therefore, we have to go through the fairly farcical procedure of postponing the elections for another year. I presume the Minister intends to finalise this legislation by the end of February, or by March at the latest. I will co-operate with today's proceedings because I am keen to keep this process moving. I will not make a big deal of it this morning. We do not need to go into the long history of it. I hope the Minister of State will take on board some of the points I, along with Deputy McManus and others, made about the content of the Bill during last night's debate in the Dáil. It seems from what he has said this morning that this process has been far from ideal. We should get on with it at this stage.

I welcome the Minister of State and his officials. I am pleased that this is the last time this order will be before the committee. It is like groundhog day, although it seems that the system is finally moving on. As members of the body politic, we have to embark on a major transformation of how we do our business. That will require a great deal of change, streamlining and rationalisation. We cannot afford to establish another body or agency just to satisfy some kind of demand. We have to govern more wisely and smartly than we have in the past.

I am concerned that it has taken five years to do something that, in overall terms, is not one of the most difficult things we have to do. This process was not the subject of major industrial relations issues. It attracted pretty good support from the wider fishing and angling community. An assessment had been done in the Farrell Grant Sparks report. However, it took a long time for a Bill to be published. I welcome the Bill that has now been published — I am not churlish about that at all. Questions need to be asked about why this has taken so long. What were the blockages? How can we ensure we do our business in a much more effective manner from now on? This kind of lengthy process does not augur well for the future.

I have confidence in the chief executive officer of the Central Fisheries Board, Dr. Ciaran Byrne, who was pretty impressive when he addressed this committee. I have concerns about the system in which he and others have to operate, however. From time to time, I have queried why certain annual reports have not been laid before the Oireachtas. There seems to be an undue delay between their preparation and their being made available for scrutiny. Good governance involves ensuring there is openness and accountability so people can see what is going on and have confidence in it. There are many examples, including FÁS, the banks and the church, of institutions in which awful things were done and hidden. We have to learn from that, and judge the way we do things in that context. Lessons have to be learned. I do not want to labour the point. I am glad we are reaching the end of this process. I am pleased the Minister of State's name will be the last one to be appended to an order of this nature. At the same time, we have to learn lessons. That is worthy of some discussion at some point.

I thank the Minister of State and his officials for attending this morning's meeting.

I thank the members opposite for their contributions during last night's Dáil debate. I appreciate the support of those who stayed on late. I hope that will be reflected in our discussions as the Bill moves through the Oireachtas. I agree that this is a timely occasion on which to reflect on how we do our business. We all need to focus on that in the years ahead.

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