Foyle River Development.

Senator Cecilia Keaveney

I assume the Minister of State, Deputy Andrews, is also taking the second Adjournment matter. With due respect to him, I was anxious that the relevant Minister would be present because this is a particularly difficult but very important issue in my area.

I declare an interest. I live beside the River Foyle which I can see when I look out any window in any room in our house. For that reason, I am very anxious about its development. It is a jewel in our crown which is underdeveloped. A great difficulty lies ahead of us unless we face this issue head-on.

I am concerned about the overall management of the Foyle and its tributaries. The Loughs Agency of the Foyle, Carlingford and Irish Lights Commission are in charge of salmon fishing in Lough Foyle. Recent legislation also gave the agency control of aquaculture licensing.

When the Good Friday Agreement was implemented the issue of ownership of the bed of the lough was not dealt with. A Member of the Welsh Assembly brought this matter to my attention and asked me to raise it in Ireland. For example, if I were granted an aquaculture licence by the Loughs Agency, which is a cross-Border agency, the Crown Estates Commission would have the right to object to my being granted the licence. When I raised this issue in the media the Crown Estate responded by saying it makes no claim to the Foyle, its bed or its tributaries until the two Governments clarify the legal standing of the waters.

I hope this Adjournment debate will be brought to the notice of the Department of Foreign Affairs and the Minister with responsibility for the marine. The Minister of State at the Department of Communications, Energy and Natural Resources, Deputy Conor Lenihan, has met a number of people on the subject of the Loughs Agency. I ask not only that I be kept informed of these discussions but that I be asked to contribute to them. The Honourable the Irish Society, the Crown Estates Commission, the Duke of Abercorn and a number of other people lay claim to elements of the Foyle. I challenge these claims. The Irish Free State was originally designated as all of the island, its tributaries, its coastline and all aspects. When the Six Counties were retained in the United Kingdom there was no mention of lakes, tributaries or coastline. I will not wrap a flag around myself on this issue. However, Lough Foyle has massive potential for aquaculture, fishing and beyond into marine leisure and recreation. There are other economic opportunities which have not yet been realised.

The review mechanism of the St. Andrews Agreement should examine the role and composition of the Loughs Agency of the Foyle, Carlingford and Irish Lights Commission. More power should be given to the agency and it should be expanded and, perhaps, fundamentally reformed. A single agency should look after all the interests of the Foyle and give it a massive opportunity for development. I ask for this because the agency is currently a cross-Border body. If a cross-Border body is given the right to manage all aspects of the Foyle we will have the best chance of co-ordination and the agency will be able to deliver. The third parties might then withdraw their claims. The Crown Estate appears to make claims but, when the claims are challenged, says it does not make claims. The review mechanism of the St. Andrews Agreement could address this issue once and for all and put all management of the Foyle and its tributaries under a single agency.

I could give details of the various organisations which are deeply unhappy at the third party interventions to which they are exposed. This issue is a dangerous boil which needs to be lanced. I have been speaking to other parties from various backgrounds in Northern Ireland. People of persuasions different from my own and far from my own background are equally upset and want to see this issue dealt with. I hope this will give comfort to officials of the Department of Foreign Affairs and reassure them that this is the right time to deal with the issue of the overall development of the bed of Lough Foyle.

We are an island and must exploit our resources. We are in an economic crisis. One way out of it is to maximise the treasures we have. We have a treasure in Lough Foyle.

Deputy Barry Andrews

The Department of Communications Energy and Natural Resources along with the Department of Agriculture and Rural Development in Northern Ireland are the co-sponsoring Departments for the Loughs Agency of the Foyle, Carlingford and Irish Lights Commission. The Loughs Agency, as set out in the British-Irish Agreement Act 1999 and the Foyle Fisheries Act 1952, as amended by the Foyle and Carlingford Fisheries Act 2007, and corresponding Northern Ireland legislation is responsible for the promotion of the development of Lough Foyle and Carlingford Lough for commercial and recreational purposes in respect of marine, fishery and aquaculture matters; for the management, conservation, protection, improvement and development of the inland fisheries of the Foyle and Carlingford areas; and for the development and licensing of aquaculture and the development of marine tourism.

The agency was set up in 1999 and took over the functions of the Foyle Fisheries Commission established in 1952 to provide only for the management and conservation of the fisheries in the Lough Foyle area. The Act of 1952 was amended in 2007 through the Foyle and Carlingford Fisheries Act and its Northern Ireland equivalent. This, in addition to the functions of the Foyle Fisheries Commission, empowered the Loughs Agency to conserve, protect, develop and manage shellfisheries and aquaculture in the loughs areas. This enabled, for the first time, the introduction of an agreed regulatory aquaculture and shellfisheries regime in Lough Foyle. It also extended the agency's fisheries conservation and protection role to Carlingford Lough.

The agency is in the process of introducing secondary legislation in relation to aquaculture which will facilitate the introduction of a structured management system for aquaculture in the loughs areas. The relevant secondary legislation in relation to aquaculture, when introduced, will enable the agency to manage the sector. It is necessary for the agency, inter alia, to secure a long-term licence of the cross-Border foreshore areas under its responsibility in Lough Foyle and Carlingford Lough. This will be done by way of a formal foreshore management agreement between the Loughs Agency, the Department of Agriculture, Fisheries and Food and the Crown Estates Commission, which are the responsible bodies for the management of foreshore in both jurisdictions.

My understanding is that work is proceeding on the preparation of an appropriate management agreement and that the approach being adopted, when completed, will be entirely adequate to allow the Loughs Agency to undertake the regulation of aquaculture in Lough Foyle. The Loughs Agency's objective is to achieve sustainable development for the social, economic and environmental benefit of the communities who influence, enjoy and depend on the resource. There are no plans at present to expand the functions of the Loughs Agency, although the function and operations of all North-South bodies are under consideration by the North-South Ministerial Council in the context of the review of the St. Andrews Agreement. Any changes to the existing arrangements would require the specific endorsement of the Northern Ireland Assembly and the Oireachtas. I would consider that the agency should be afforded the full opportunity to come to terms with its aquaculture and sea fisheries brief before taking on any additional functions.

Senator Cecilia Keaveney

I fundamentally disagree with the answer. I ask the Minister of State to ask for an answer to this matter. I will continue to ask it. I have asked it of the Department of Foreign Affairs and I have not received an answer. Under what regulation, law or interpretation has the Crown Estates Commission responsibility for the management of the foreshore in both jurisdictions? This is a fundamental problem with regard to the co-management of the Foyle. We send a Minister with responsibility for agricultural or marine issues to meet whom I would expect to be his or her UK counterpart, but what we get is the Crown Estate Commission in the middle of it. Will I be given an answer to my one question as soon as possible, namely, within what remit and under what law or regulation has the commission been given responsibility for the foreshore on the River Foyle? I do not expect the Minister of State to be able to answer it. His father was involved in the Foyle Fisheries Commission at some point. Many years ago Baroness Denton and his father attended a meeting at Redcastle. That we are continuing negotiations with an agency, the remit of which I have not been informed, is a serious issue for me and I will continue to raise it until I receive a satisfactory answer. The talks should not be completed until I am given that answer.

Seanad Éireann debate -
Thursday, 8 Oct 2009