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Aquaculture Licences

Dáil Éireann Debate, Tuesday - 26 March 2013

Tuesday, 26 March 2013

Questions (104)

Éamon Ó Cuív

Question:

104. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he considers it appropriate for him to be the decision maker in relation to an aquaculture licence application received from a State agency, Bord Iascaigh Mhara, that operates under the aegis of his Department and which is obligated to operate within the framework of his policy, and in the circumstances in which he has stated his support for the project; if he intends asking Bord Iascaigh Mhara to withdraw the application pending a change in the law to ensure modern practice in relation to the issuing of aquaculture licences; and if he will make a statement on the matter. [15063/13]

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Oral answers (9 contributions)

An application by Bord Iascaigh Mhara for an aquaculture licence for the cultivation of finfish near Inis Oírr in Galway Bay was received by the Department of Agriculture, Food and the Marine last year. The application and its accompanying environmental impact statement are being considered under the provisions of the Fisheries (Amendment) Act 1997 and the Foreshore Act 1933. The role of the Minister as the decision maker with regard to aquaculture licensing is clearly set out in the legislation. I am entirely satisfied that my role in that regard is not compromised in any way. In my statutory role as decision maker, it would not be appropriate for me to comment further on this application, which is under assessment by the Department in accordance with the statutory process.

This question relates to the suitability of the process, rather than to the adjudication on the application. Can the Minister confirm the date on which the application was received from Bord Iascaigh Mhara?

Would the Minister agree that, both privately and at a very large public meeting of farmers held in Claremorris late last autumn, he clearly indicated his support for this project?

Will the Minister clarify whether it is the policy of his Department to encourage the type of development now engaged in by Bord Iascaigh Mhara, BIM? Would he not agree this clearly compromises the Department's ability to make an objective decision on this application? Would he not also agree it is BIM's obligation to carry out Government policy and, as I have said, ensure that the Government policy is clearly in favour of the project?

I have been a bit surprised by the Deputy's commentary on this issue. I have made it clear on many occasions, long before this application was made to my Department and since, that the issue of deep water aquaculture does provide an exciting potential for stimulus, growth and job creation for our seafood sector, particularly along the west coast. However, I have been very careful, both before and since this application was made, not to specifically support any one project or any one location for an application, because it would not be appropriate to do so. I have received strong advice on that and have adhered to that advice. However, this does not mean that I, as a Minister who is responsible for finding ways to create jobs, particularly in isolated parts of Ireland that do not have many other options or choices, would not look at ways in which we can get more out of our natural resources in a sustainable way. That is entirely different from making an assessment on an individual application, which I have a legal obligation to do in an independent and balanced way, and which I will do on the basis of scientific advice and of looking at the responses that have come from the public during the public consultation process.

It is my job to then weigh up the concerns that have been expressed, the support that has been given and the scientific advice from scientists in the Marine Institute and elsewhere, and to then make a balanced decision. If that decision is being challenged, it then goes to an appeals process through the Aquaculture Licences Appeals Board system, which has been in place for many years. When the Deputy was a Minister, he would have understood how it worked. He should also understand that when an application is under consideration by the Department, it is not appropriate for the Minister to talk about the specifics of the application concerned.

That is why I was surprised to hear the Minister made specific comment on aquaculture in Galway Bay at a large meeting of farmers in Claremorris held late last autumn. Would he not agree that if he grants the licence now, in view of the circumstances that have arisen, it is likely to be subject to legal challenge? Would he not agree that it would be much more satisfactory for BIM to withdraw the application and for the law to be changed to put the issue of licences at arm's length from the Minister, which now happens in most cases? For example, with regard to oil permits and the like, which used to be subject to ministerial consents, during the term of the previous Government they were all moved to an arm's length position from the Minister, so the Minister did not become a judge in his own court in regard to applications. Would he not consider this a much more satisfactory process that would engender much more public confidence?

The Minister must note, for example, that Galway County Council last night passed a resolution opposing the proposal as it stands, and, therefore, we need public confidence in the process. Would he not agree it would be much better to introduce legislation transferring this function of granting or not granting the licence to either the EPA or An Bord Pleanála, so the Minister could be actively involved in policy formulation and policy promotion, and where somebody independent would look at the specific proposals and give an independent judgment on that?

Would the Minister agree that unless he does that, this will all be open to a legal challenge that would be likely to succeed?

No, I do not agree with the Deputy. He seems to be the one trying to stoke this up in terms of challenging its appropriateness. He was the first person to raise this matter. Nobody else raised it with me. It is not the case that everybody else has been calling for this and the Deputy is speaking for them. He seems to be the one trying to make a political football out of this. That is a decision for the Deputy to make.

I ask the Minister to conclude.

My job is to get on with what I am legally obliged to do which is to give due consideration in a robust but fair way to an application for a significant piece of infrastructure in water and I will do that. I will accept all of the advice I am supposed to get in that process and then make an independent and informed decision using my judgment as best I can. That is my responsibility. If people do not agree with that procedure or decision, they will have an opportunity to appeal it to the Aquaculture Licences Appeals Board, ALAB, which is just as independent as An Bord Pleanála. Deputy Ó Cuív seems to be suggesting that we should hand this over to An Bord Pleanála. ALAB is the equivalent of An Bord Pleanála for licensing of aquaculture projects so I am not sure what the Deputy is getting at.

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