The purpose of this Bill is to include new provisions in the Fisheries Acts whereby the Minister for the Marine may intervene in accordance with a strict process and subject to the approval of both Houses to deal with the failure of a fisheries board to manage its affairs effectively. In such circumstances, or at the request of a board, the Minister may appoint a commission for a specified period, generally speaking not exceeding two years, to take over some or all of the functions of that board. These provisions supplement existing provisions in the Fisheries Acts which allow the Minister in certain circumstances to remove a board from office.
Thus the principle of Ministerial intervention involved in this Bill is not new to the Fisheries Acts. Moreover, the model proposed has already been adopted in other legislation relating to State boards. I would emphasise that the legislation is not prompted by any general view that the fisheries boards are not being well managed. On the contrary, fisheries boards have a most difficult job to do, and with present structures and resources are, by and large, making a major contribution. Over the past number of months I have met representatives of all the boards and I take this opportunity to pay tribute to the board members, their managers and staff.
As a norm, it is only in rare and exceptional cases that one would expect that the Government would have to intervene directly with possible serious difficulties in the management of a State board. It is entirely reasonable in the public interest that the Minister should have such powers. This right of intervention must, however, be carefully tailored to prevent arbitrary ministerial intervention and to protect the legitimate rights of boards.
This new legislation strikes the right balance. While it is not based on a view that there are serious general management weaknesses in fisheries boards, the new provisions arise from a review of existing provisions which was prompted by recurring allegations concerning the Southern Regional Fishery Board.
Senators will be aware that for some time there have been allegations concerning the Southern Regional Fishery Board, some of which have appeared in the public press and some of which related to a Garda investigation into certain matters regarding the board. When these allegations were brought to my attention, I met with the chairperson and the manager of the Southern Regional Fishery Board.
Following these meetings, and following an examination of the existing legislation, it became clear that the existing provisions would be an inappropriate and cumbersome mechanism to deal with the issues arising. Accordingly, it was decided to prepare the Bill now before the House.
As regards the position of the Southern Regional Fishery Board, I must repeat what the then Minister for Defence and the Marine said on 9 May 1995, that the administration of the Southern Regional Fisheries Board is, and remains, a matter for that board and Ministers, as matters stand, have no direct function in relation to the investigation or handling of the reported allegations. We are not in a position, nor do we have a basis to form any opinion on the allegations made. We must be particularly conscious not to prejudice the ongoing legal process nor in any way injure the rights of any of the persons involved.
I would also repeat that no decision has been or could be taken by us at this time on what actions we might initiate in respect of that board if and when this legislation is enacted. That matter will be considered at that time in the light of then prevailing circumstances which we do not wish to now anticipate.
Before considering in more detail the background to the Bill and commenting on its main provisions, I should first like to set the context by looking at the constitution and role of the fisheries boards. The Fisheries Act, 1980, replaced the Inland Fisheries Trust and the 17 boards of conservators with a central and seven regional fisheries boards.
The Central Fisheries Board has primary responsibility for the overall coordination and direction, where necessary, of the activities of the regional fisheries boards in the areas of protection, conservation, management and development of the inland fisheries resource and the promotion and development of sea angling. The board also provides specialist scientific, technical, financial, personnel and engineering services to the regional boards, ensures that policy directions are carried into effect and advises the Minister on matters relating to the most effective conservation, management and development of the resource. The seven regional fisheries boards are responsible for the management, conservation, protection, development and improvement of the fisheries within their region, and offshore to the 12 mile limit in so far as the protection of wild salmon is concerned, and for the promotion and development of sea angling.
The boards are financed primarily by way of an annual Exchequer grant which now amounts to over £8.5 million. In recent years the boards have also had access to additional funding under the EU Structural Funds, INTERREG, the Surveillance Package and other EU funded programmes, which has led to a considerable increase in their development and operational activities.
Elections to the regional boards, membership of which ranges from 20 to 22, including seven ministerial appointments, take place every five years from panels representing various interests in the region. Membership of the central board, which also has a five year fixed term, comprises 13 members, seven of whom are ex officio chairpersons of the regional boards, with the remainder, including the chairperson appointed by the Minister. Some 315 permanent staff are employed by the fisheries boards.
Turning to the existing provisions whereby a board may be removed from office, under section 24 of the Fisheries Act, 1980, a board may be removed from office if it has not complied with a policy direction given under section 8 (1) (b) of the Act, or where its functions were not being duly and effectively performed, or where the performance by a board of its functions has been unsatisfactory. In the latter two cases, a formal inquiry must be conducted under section 50 of the Fisheries (Consolidation) Act, 1959, as amended by section 55 of the Fisheries Act, 1980, into the performance by a board of its functions.
If the Minister is satisfied, following that inquiry, that a board has not duly and effectively performed its functions, or that the performance by the board of its functions has been unsatisfactory, or where a board has not complied with a policy direction, the Minister may, by order, remove the board from office and replace it with a person or persons who would carry on the functions of the board until the next elections to boards generally, or a special election were held with regard to the board in question.
Section 24 of the Fisheries Act, 1980, and related statutory provisions provide a means by which the Minister could intervene to ensure that the functions of a fisheries board are performed in the public interest. For example, if a fisheries board failed to comply with the direction given by the Minister with regard to general policy for the management, conservation, protection, development and improvement of fisheries, he or she, could, in accordance with section 24 of the Fisheries Act, 1980, remove that board from office and appoint a person or persons to perform its functions.
Equally, if concerns were raised as to whether or not a fisheries board is duly and effectively performing its functions, the Minister could, in accordance with section 24 of the 1980 Act, hold an inquiry under section 50 of the 1959 Act, as amended. If, on the basis of that inquiry, the Minister is satisfied that the functions of the board are not being duly and effectively performed, he could remove the board from office and appoint a person or persons to perform its functions. These powers have not been used to date.
While the existing statutory provisions in the Fisheries Act, 1980, relating to the removal and replacement of a board provide a means of ministerial intervention in circumstances where a fisheries board has, among other matters, failed to manage its affairs effectively, I do not consider these provisions to be sufficiently flexible or sufficient to deal with the full range of specific circumstances which can arise. In particular, the requirement to hold an inquiry, which would be subject to the detailed provisions set out in the Fisheries Acts and in High Court rules governing notice, the summoning and examination of witnesses, the service of documents etc., could be unduly protracted. It could also be open ended and prone to litigation. Such a process could be extremely costly and could shift the focus from the immediate problems giving rise to the inquiry in the first place.
The existing legislation does not provide, therefore, for circumstances in which the Minister may be obliged to move quickly, and without removing a board, to relieve that board of some or all of its functions. In addition, there may be circumstances in which a board may request to relieve it of some or all of its functions. It is of the utmost importance that the fisheries boards are in a position to perform effectively their statutory functions, both at a general level and in specific circumstances, and that the State can intervene effectively on those occasions, which admittedly will be rare, when those functions are not being duly and effectively performed.
The Bill before the House is designed to address the shortcomings in the existing legislation outlined already. The Bill provides that the Minister may, by order, appoint a commission to perform some or all of the functions of a board where a board has so requested, or after considering the report of a person appointed by the Minister to examine the management and organisation of a board and the performance by it of its functions, generally or in particular. The provisions of the Bill are similar in many respects to those in the Regional Technical Colleges (Amendment) Act, 1994, relating to the appointment of a commission to a college, which provide a mechanism whereby the Minister for Education can act quickly in a case of emergency caused by deficiencies in the governance or management structures in a college.
Regarding the main provisions of the Bill, section 1 governs the interpretation of terms used in the Bill. Section 2 provides for the appointment by the Minister of a person or persons to report to him on the management and organisation of a board and the performance by it of its functions and for the inspection by such person or persons of a board's records or documents.
Section 3 provides for the establishment by the Minister, following the request by a board or after consideration by him of a report of a person or persons appointed under section 2, of a commission to carry out one or more functions of a board as he may determine. Section 4 makes provision for the furnishing of notice to a board where the Minister proposes to appoint a commission following consideration of a report under sections 2 and 3 and for the making of representations by that board.
Section 5 lays down detailed provisions regarding the appointment, membership and removal of a commission. Section 6 provides for co-ordination between the commission and a board where one or more but not all of the functions of a board have been conferred on a commission and for the resolution of any dispute or disagreement which may arise therefrom.
Section 7 provides for the furnishing of information and documentation by a board or its officers to a commission. Section 8 provides for the removal of board members for failure to comply with sections 2 and 7 in so far as compliance with a request for documentation or records is concerned. Section 9 governs the making of orders by the Minister and provides among other matters that such orders, drafts of which shall be laid before the Houses of the Oireachtas, may be annulled by a resolution of either House.
Section 10 provides that the powers conferred by this Act to a board are not in substitution for any other powers conferred on the Minister or any other person in relation to the board immediately before the passing of the Act. Section 11 provides that expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas. Section 12 makes provision for the short Title of the Bill.
The central provision of the Bill is the proposed granting to the Minister of the power to appoint a commission to carry out some or all of the functions of a fisheries board. As the appointment of such a commission would be an exceptional measure, a number of safeguards have been provided for in the Bill. First, section 4 makes provision for the furnishing of notice to a board where it is proposed to appoint a commission and for the making of representations by that board. Second, unless a board has so requested, a commission can be appointed only after consideration of a report made under section 2, thus making it a statutory requirement that a decision to appoint a commission must always have some objectively determined basis.
A third safeguard is that a commission can, in accordance with section 3 (5), be appointed for a maximum period of two years, thus preventing the indefinite transfer of a board's functions and ensuring that board members cannot be left without knowledge of their future role for a lengthy period. The fourth and final safeguard is the requirement under section 9 for Oireachtas approval to any order providing for the appointment of a commission. As such an appointment is an exceptional measure and is defensible only by reference to the common good, it is appropriate that both Houses of the Oireachtas should consider orders which provide for the appointment of commissions by leaving in situ the bodies whose functions they are to exercise.
I have outlined in detail the background to the proposed legislation and the broad provisions and implications of the Bill. As the House is aware, in March this year a fundamental overhaul of marine policy was initiated with a view to tapping the full potential of the marine sector in the interests of coastal development, leisure and tourism and increased national economic and social prosperity. This review, which is being undertaken in full consultation with the sectoral interests in the marine sector, will involve a series of public seminars to focus public debate on the issues and the establishment of a marine advisory council to advise on longer term strategic options in marine policy and a major review of the organisational and management structure of the fishery service.
The review of the organisational and management structures, which is being undertaken by consultants at present, will examine the institutional framework for the development and regulation of the sea fisheries, aquaculture and inland fisheries sectors and recommend any changes necessary to improve the coherence and efficiency of the delivery of public policies and services to those sectors. The central and regional fisheries boards are encompassed by this review and particular account will be taken of the important role they play.
National policy on wild salmon is also being reviewed as part of our current review of general policy. To facilitate this review a professional study of the socio-economic role of salmon in the commercial and angling sectors is being commissioned. This study will examine the socio-economic evaluation of commercial fishing, update earlier reviews on the value of angling and include a technical assessment of product quality. I have set up a small task force involving mainly officials from my Department and the relevant agencies with an independent chairperson. This group will be able to meet with industry groups, anglers, fishermen and community interests and will also draw on the experience of other countries in the management of their wild salmon.
I wish to inform the House of recent developments in the inland fisheries sector which have had major implications in so far as the activities and operation of the fisheries boards are concerned and which, I hope, will illustrate the importance of putting in place the arrangement proposed in this Bill. Our inland fisheries resource comprises approximately 145,000 hectares of freshwater lakes, equivalent to one fiftieth of the total area of the State, and about 13,800 kilometres of main river channels. These waters comprise a much higher percentage of total area in Ireland than in many European countries, including England, Scotland and Wales.
The most important components of the resource are the salmon, sea trout, brown trout, coarse fisheries and sea angling. The overall policy objective is to ensure that this valuable natural resource is conserved, managed and developed in its own right and to exploit and support sustainable economic activity and job creation based on the resource. This will require the continued co-operation of and commitment from the fisheries boards in so far as the protection, conservation and development of our inland fisheries is concerned. The considerable developments in the inland fisheries sector which are envisaged under the operational programme for tourism, the INTERREG programme, the fisheries surveillance and other EU programmes and the particular problems to be faced, arising not least from pressures on stocks and the freshwater environment, will place an obligation on the State to ensure that resources are allocated to meet effectively these challenges and, in particular, to ensure that the fisheries boards are in the best possible position to implement strategies towards this end.
In recognition of the importance of our inland fisheries resource, a comprehensive investment programme to develop the tourism angling product, totalling almost £19 million over the six year period 1994-1999, has been included in the tourism operational programme. The purpose of the tourism angling measure, which is administered by the Central Fisheries Board, is to ensure that our coarse game and sea angling is upgraded to the best international standards with a view to increasing substantially tourist angling and revenue and the creation of valuable, sustainable new jobs, particularly in the more remote and disadvantaged areas where the majority of our prime fisheries are located.
The main areas of development under the tourism angling measure will include physical in-stream and bank development, including pre-development and surveys, and the provision of additional angling spaces, stands and stiles; the removal of physical obstructions to passage or migration of fish; stock management to include stocking out and predator competition control; the provision of improved systems for monitoring and protecting our water quality in the fisheries context; the establishment of new stocked coarse and game fisheries; the rehabilitation of depleted sea trout fisheries and other measures to ensure the rational use and management of sport fish stocks, including the curtailment or phasing out of certain identified commercial fisheries to increase potential spawning stocks and access for anglers.
Applicants under the tourism angling measure must demonstrate that the proposed works will, among other matters, be sufficient to ensure their retention as Bord Fáilte branded fisheries or be capable of qualifying them for inclusion as Bord Fáilte branded fisheries, be capable of attracting additional foreign visitors leading to increased employment and tourist revenues, and be readily available for tourist use. Projects involving a proposed investment of almost £3.2 million have been approved to date under the tourism angling measure. Two important support projects which will be managed by the Central Fisheries Board have also been approved to date. These are the establishment of a central survey support unit and a title investigation unit.
The central and regional fisheries boards have also been instrumental in securing funding under the North/South INTERREG programme for inland fisheries developments. The aims of this programme are to promote the creation and development of networks of cross-Border co-operation and, where relevant, the linking of these networks to wider community networks in the context of the completion of the internal market of 1992. In so far as fisheries are concerned, the objectives of the programme are to encourage cross-Border co-operation in the fisheries sector and to assist in the development, conservation and protection of fisheries. The success of investment made under EU and other programmes will depend to a large extent on the maintenance and increase of escapement levels to rivers under development and, therefore, on the provision of an effective level of protection by the fisheries boards.
The regional fisheries boards are responsible under the Fisheries Act, 1980 for protecting salmon and all freshwater fish against illegal fishing. The Central Fisheries Board monitors the effectiveness of the regional boards' protection function, co-ordinates naval and air patrols with the Department of Defence, liaises with the Garda authorities and draws the attention of the regional boards to the need to assist other boards where necessary. The boards' responsibility in respect of salmon extends to 12 miles from the coast. The enforcement by the boards of the salmon protection legislation involves the hauling and confiscation of illegal nets, thereby removing the means of fishing, the identification of illegal fishermen, the seizing and confiscation of illegally caught fish and the prosecution of offenders.
Ireland is the world's second largest producer of wild Atlantic salmon. However, migrating salmon are under constant threat from illegal drift netting. In recent years the introduction of two newly acquired vessels by the Naval Service and their assignment to salmon protection duties during the June to August period and the provision of aerial patrols by the Air Corps have been major factors in reducing the level of illegal drift netting and thereby increasing escapement to some rivers. Expenditure on protection, which includes enforcement of fisheries control legislation including aquatic environmental control, on average amounts to approximately 50 per cent of the boards' total expenditure. The level of protection provided by the fisheries boards must be enhanced on an on-going basis in order to maintain the improvements made in recent years and to keep abreast of the increasingly sophisticated technology available to illegal fishermen.
I take this opportunity to express the Government's appreciation of the valuable contribution which the fisheries boards have made, often under difficult circumstances and subject to resource constraints, to ensuring that our valuable inland fisheries resource is managed, conserved and developed in its own right and to exploit its economic potential.
The considerable developments in the inland fisheries sector which have been outlined already, the challenges arising from pressure on stocks and the freshwater environment and the obligation on the State to ensure that State agencies operate efficiently and effectively require that the State be in a position to intervene in cases where a fisheries board cannot or is not duly and effectively performing its functions. The proposed new legislation provides a well balanced and measured means to allow such interventions. I therefore commend the Bill to the House.