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Tuesday, 11 Jul 2017

Written Answers Nos. 552-569

Departmental Expenditure

Questions (552)

Martin Kenny

Question:

552. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine the unallocated spend within his Department for 2017; the expenditure allocated to programmes in 2017 which are due to cease in 2017; the total funds that will become available within his Department's expenditure profile in 2018 due to changes in demand for goods and services and or changes to costs within his Department and so on; and if he will make a statement on the matter. [32227/17]

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Written answers

The gross vote of the Department in 2017 amounts to €1,490m, comprising €1,230m in current expenditure and €260m in capital expenditure including a carry-over of €21.7 million capital from the 2016 allocation. This total allocation is based on requirements to meet existing and new commitments and liabilities in relation to programmes, schemes and services managed by my Department, and, as such, there is no unallocated spend within the vote. The detailed allocations are set out in the Revised Estimates Volume (REV) 2017.

The programmes and schemes to which funding has been allocated in 2017, for example schemes within the Rural Development Programme, the Seafood Development Programme and the Forestry Programme, are multi-annual in their nature and are not due to cease in 2017.

The discussions on the 2018 Estimate are under way in my Department and all budget lines in the vote, both current and capital are being examined as part of that process. My intention is to ensure that all resources available to my Department will be managed to advance Government priorities and to provide the optimum benefit to economic activity in the agricultural, food, fisheries and forestry sectors, including farm incomes, and to realising the potential which clearly exists for the sectors to continue to contribute to the national economic recovery.

Fishing Vessel Licences

Questions (553)

John Brassil

Question:

553. Deputy John Brassil asked the Minister for Agriculture, Food and the Marine if special arrangements can be made to accommodate the licensing in 2017 of mussel seed fishermen who have UK-registered boats in view of the Supreme Court judgment that has resulted in authorisations for the 2017 mussel seed fishery being provided only to eligible Irish sea fishing boats nominated to fish mussel seed allocations on behalf of aquaculture sites that are licensed by his Department or are provided for in legislation. [32233/17]

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Written answers

The mussel seed fishery is managed on an all-island basis, in conjunction with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (DAERA NI) and the cross-border Loughs Agency. To fish for mussel seed, Irish-registered sea-fishing boats require an authorisation under section 13 of the Sea-Fisheries and Maritime Jurisdiction Act 2006. Authorisations are only provided to those boats which are directly connected with a bottom grown mussel aquaculture operator who holds a mussel seed “allocation” for his or her aquaculture site or boats that are contracted to fish on behalf of same. An allocation restricts the amount (tonnes) of mussel seed that may be relayed onto a given site. Boats from Northern Ireland require equivalent licenses from DAERA NI to take part in the fishery and must meet corresponding regulatory requirements.

On 27 October 2016, the Supreme Court issued a judgment in a case taken by a number of mussel seed fishermen (Barlow & ors -v- Minister for Agriculture, Food and the Marine & ors [2016] IESC 62, 27th October 2016). In the judgment, the Supreme Court found that fishing by Northern Ireland boats within the 0 to 6 nautical mile zone of the territorial waters of the State under the Voisinage arrangements is not permitted by law. The Voisinage Arrangements are long-standing reciprocal arrangements which allow fishing boats from Northern Ireland access to fish within the 0 to 6 nautical mile zone of the territorial waters of the State and vice versa.

It is important to note that the Supreme Court upheld the High Court finding that the Voisinage Arrangements are not invalid but that, as it stands, there is insufficient provision for them in domestic law. The Supreme Court in fact noted that the arrangements were a sensible recognition at official level of practice and tradition, where fishing boats traditionally fished neighbouring waters.

The application of the judgment is to all fishing by Northern Irish fishing boats in the 0 to 6 nautical mile zone relying on the Voisinage Arrangements. Fishing activities that have a legal basis are not affected, such as those reliant on the access arrangements to Ireland's 6 to 12 nautical mile zone set out in Regulation (EU) No. 1380/2013 of the European Parliament and of the Council.

The Government approved the publication of the Sea-Fisheries (Amendment) Bill to address issues raised by the Supreme Court judgment of 27 October 2016, in so far as it relates to access for NI vessels. If enacted and commenced, the Bill will give the Voisinage Arrangements a proper legal footing. The Bill was published in February 2017 and is available on the Oireachtas website. The Bill has been debated in the Seanad and now is at Committee Stage there.

While the Bill proposes to restore access to Northern Ireland boats to fish, under the terms of the Voisinage Arrangements, boats that make use of this access are subject to the same rules and conditions that apply to Irish sea-fishing boats. The Bill itself does not apply the specific conditions. Therefore, other parallel associated measures will be required to ensure that rules and conditions in place for Irish sea-fishing boats are appropriately applied to Northern Ireland boats fishing under the Voisinage Arrangements.

The process of identifying which conditions may need to be applied is under way. The conditions will include such restrictions as currently apply to Irish sea-fishing boats. When the necessary measures have been identified, the most appropriate mechanisms for applying them to Northern Ireland boats will be determined. The objective will be for these measures to come into effect at the same time as a commencement order for the Bill.

Together, the Bill and the associated measures will re-establish the status quo for fishing access that existed under the Voisinage Arrangements before the Supreme Court's judgment on 27 October 2016. The only difference will be that the Voisinage Arrangements will be provided for within a legislative framework.

Control of Horses

Questions (554)

Mattie McGrath

Question:

554. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine the costs incurred by his Department over the past four years relating to the seizure of animals, specifically horses; and if he will make a statement on the matter. [32235/17]

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Written answers

The Control of Horses Act 1996 designates powers to local authorities enabling them to control stray and abandoned horses in this country. Under the Act the Minister for Agriculture Food and the Marine may offer financial assistance towards the expenses incurred by the Local Authorities in operation of the Act. My Department has contributed funding of €4.2 million to local authorities in respect of control of horses activities for the period 2014-2017 (to date). This funding represents a very substantial support from the Exchequer to Local Authorities. For their part Local Authorities should ensure they are achieving best value possible through the public procurement process.

In addition to the work of Local Authorities, my Department officials have removed a number of abandoned, welfare compromised and/or unidentified horses throughout the country in the period 2014 to 2017 at a cost of €303,000. The removal of abandoned straying horses has undoubtedly staved off a number of potentially serious horse welfare situations.

A further initiative introduced by my Department to reduce the numbers of straying horses, is the provision of funding in respect of Urban Horse Projects. The funding is provided to local authorities to support urban/traveller horse projects in their respective areas. A number of projects are currently being developed in conjunction with local authorities and animal welfare bodies. These projects provide many benefits to communities including reductions in the amount of stray animals. The educational aspect of the project also enables greater compliance with animal welfare regulations.

My Department continues to stress that it is the responsibility of individuals to ensure the welfare of horses in their ownership and/or their care and to dispose of them appropriately. Over the years the Farm Animal Welfare Advisory Council, which comprises representative of various stakeholders in the animal welfare area, has been instrumental in promoting horse welfare in a practical manner.

Farm Safety

Questions (555)

Mattie McGrath

Question:

555. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine the efforts his Department is making to address the dangers related to slurry pits and tanks on farms; the number of deaths associated with such pits and tanks to which the attention of his Department was drawn in each of the past five years; and if he will make a statement on the matter. [32236/17]

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Written answers

Farm safety is a critical issue facing farming today. Statistics show that accidents on farms cause more workplace deaths than all other occupations combined. To date this year there have been 15 fatal farm accidents on Irish farms. These 15 fatal farm accidents account for fifty percent of all fatal work accidents so far in 2017, while farming accounts for less than 6 percent of the workforce. Since the beginning of 2012 there have been 5 fatal accidents relating to slurry pit safety.

All of the Building Specifications drawn up by my Department for the construction of agricultural buildings and structures include a section on Health and Safety. These specifications set out the minimum standard to which all work must be completed and include safety related requirements such as all slurry agitation points being external and guidelines on the safe agitation of slurry. It is a requirement of these farm building specifications that all slurry tanks are either securely fenced, or covered by slats or slabs with safety access points. These specifications are freely available to all farmers.

As part of the current TAMS II schemes, grant-aid is available for the retrofitting of safety fencing, safety manhole covers, slabs and slat replacement, this is in addition to grant-aiding new slurry stores that meet the full requirements of my Department's Farm Building Specifications. Grant-aid is provided at a rate of 40% of the cost of the works and Young Farmers will be grant-aided at 60% of the cost of the works. Also, under the TAMS II schemes, grant-aid will be provided for the provision of a slurry agitation platform for all external tanks.

Organic Farming Scheme Payments

Questions (556)

Aindrias Moynihan

Question:

556. Deputy Aindrias Moynihan asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will be paid a 2016 organic farming scheme payment; and his views on the fact that the process is taking over a year between inspection and payment. [32248/17]

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Written answers

I can confirm that any issues outstanding in respect of the Organic Farming Scheme payment for the person named have now been addressed. I have been assured that payment will issue shortly.

I appreciate there can be a time gap between inspection and payment however my officials need to examine each of these files individually, looking at all the circumstances where issues need to be reconciled, and then calculating what is due in each case.

Brexit Issues

Questions (557, 558, 559, 560, 561, 562, 563)

Stephen Donnelly

Question:

557. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine if the UK Government raised the issue of the London Fisheries Convention ahead of announcing its intention to leave it; and if he will make a statement on the matter. [32253/17]

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Stephen Donnelly

Question:

558. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine if he raised the importance of the London Fisheries Convention with the UK Government before 2 July 2017; and if he will make a statement on the matter. [32254/17]

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Stephen Donnelly

Question:

559. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine the projected impact of the UK decision to leave the London Fisheries Convention; and if he will make a statement on the matter. [32255/17]

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Stephen Donnelly

Question:

560. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine if contingency planning is underway for the UK leaving the Common Fisheries Policy; and if he will make a statement on the matter. [32256/17]

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Stephen Donnelly

Question:

561. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine the number of times he has met with his UK colleague to discuss fisheries in the context of Brexit; and if he will make a statement on the matter. [32257/17]

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Stephen Donnelly

Question:

562. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine if he has met with representatives of the European Commission on the issue of the Common Fisheries Policy as it relates to a potential trade deal after Brexit; and if he will make a statement on the matter. [32258/17]

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Stephen Donnelly

Question:

563. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine the number of staff in place dedicated to Brexit as it will impact on fisheries in his Department; and if he will make a statement on the matter. [32259/17]

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Written answers

I propose to take Questions Nos. 557 to 563, inclusive, together.

The action by the UK in announcing its withdrawal from the 1964 London Fisheries Convention was not unexpected. The UK Government had been intimating this decision for some time now. It is nonetheless unwelcome and unhelpful as it suggests a signal of the UK intent to take a hard line on fisheries in the context of Brexit.

There are no immediate direct impacts for the Irish fishing industry from this action as it will not take effect for two years. Any longer term impacts will only become clear in the overall context of the Brexit negotiations. It is the message of intent and the potential implications of that intent in the wider 12 to 200 mile zone that causes concern for the negotiations to come.

The Convention deals primarily with the right of a number of countries to fish in each other's 6 to 12 mile fishing zones based on historic fishing activity. Most of these rights were later incorporated into the Common Fisheries Policy.

Under the Convention, the Irish fishing fleet has access to parts of the UK 6-12 mile zone while the UK fleet has similar access to parts of the Irish zone. The Irish fleet is not significantly dependant on this limited access. We do however catch significant quantities of fish in UK waters outside of the 12 mile zone.

As Michel Barnier noted after the UK announcement, the decision to withdraw from the London Fisheries Convention will not trigger any immediate change and he is focused on prioritising the fisheries interests of the EU 27. This will not be a piecemeal negotiation with fisheries isolated from the wider negotiations on a post Brexit EU/UK relationship. There is a long way to go yet and nothing will be agreed until everything is agreed. For this Government there are two clear objectives when it comes to fisheries and Brexit – the maintenance of our existing quota shares and our existing rights of access. These have, and will continue to be, my overriding priority.

In theory, the UK could indeed restrict access to their waters and or seek to gain larger quota shares at the expense of others. However, that could only happen if the UK were content to ignore the potential repercussions that would certainly arise from the EU side.

To achieve these objectives, we must have unity of purpose across the Member States directly concerned and across the fishing industry. Disunity will only strengthen those in the UK that seek to exclude all EU fleets.

I spoke with Secretary of State Michael Gove last week and stressed to him the importance of long established fishing patterns by the Irish fishing fleet and the importance of these being acknowledged and protected in the context of Brexit. I have previously discussed fisheries issues amongst other matters with his predecessor as Secretary of State, Andrea Leadsom, on two separate occasions. I have also discussed Fisheries, with a particular focus on the London Fishing Convention along with general access issues with Minister George Eustice during a meeting at the Luxembourg Agriculture Council on the 3rd of April.

I have had 3 separate meetings with Fisheries Commissioner Vella where I have discussed Ireland's concerns regarding Brexit as well as a number of key bilaterals with other Ministers. In addition, my officials are in constant contact with their counterparts in the European Commission and relevant Member States.

As the negotiations develop, unilateral sectoral announcements, like this one on the London Convention, will be dealt with, as this will be, within the Brexit negotiation process and there will be no room, or indeed intent, to address issues in isolation.

My Department and our associated agencies, BIM, the Marine Institute and Bord Bia are currently working closely together on all of the potential impacts of Brexit. My Department has been preparing for Brexit for over 2 years. Following the UK referendum in June 2016, I established a dedicated Brexit Co-ordination Unit. This Unit now forms part of a newly formed Brexit and International Trade Division. It comprises four staff working full-time on the co-ordination of Brexit issues, reporting to a full-time Head of Division at Principal Officer level, who in turn reports to an Assistant Secretary General deeply engaged in Brexit issues. Many staff throughout my Department are working on Brexit related issues. My Fisheries Division has four people preparing for the Brexit negotiations and the implications Brexit could have on the Irish seafood industry. In overall terms, my Department is continuing to monitor the future workforce needs of both the Department and its agencies in relation to Brexit, and will be keeping resource allocations under close review as the negotiations proceed.

It is important to remember that the EU itself will continue, as will the Common Fisheries Policy once the UK has left. The process for reviewing and revising the CFP in preparation for a new Policy will commence around the same time and will be due for completion in 2022. Ireland will again be a central player in that renegotiation.

I am firmly of the view that now is not the time to commence our internal consideration of the review of the CFP. We must concentrate all our efforts on the Brexit negotiations at this time and until Brexit is completed. The discussion on the post Brexit CFP will undoubtedly occur in earnest once the Brexit arrangements are clear. For the coming period it is important to keep the focus on Brexit.

I am working closely with our fishing industry and held a detailed public discussion with stakeholders just the other week in Galway. I will remain in close contact with fisheries stakeholders as the issues develop and work with them and my fellow fisheries Ministers in the EU to ensure that we are all fully prepared for what are likely to be extremely complex negotiations.

I strongly believe that a unified front on these matters is best for Ireland, the EU and the continued sustainability of our stocks.

In conclusion, I would like to assure Deputies that I aim to ensure that fisheries are inextricably linked to overall trade discussions during the negotiations. I will also be unequivocal in opposing any dilution of our existing EU quota shares, including protecting the benefit to Ireland of the Hague Preferences, and any limitations on our existing rights of access.

Crop Losses

Questions (564)

Charlie McConalogue

Question:

564. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when details of the crop loss compensation scheme will be made available to tillage farmers who had their crop damaged by extremely wet weather in 2016. [32301/17]

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Written answers

I wish to acknowledge that the Tillage farmers have come through a very difficult period with poor market returns and very challenging weather conditions during the 2016 harvest. Once the current occupation of part of the Department's head office building is ended I would be happy to facilitate a meeting with the IFA as soon as possible to discuss the support measure for those cereal growers worst affected by the 2016 harvest conditions.

I have also supported the Tillage sector through the “Agriculture Cashflow Support Loan Scheme” and last month I welcomed the release of preliminary information from the Strategic Banking Corporation of Ireland (SBCI) regarding its uptake.

The banks advise that all of the remaining €150m is committed and is in the process of being drawn down. I am pleased at the very positive reaction by farmers, including tillage farmers, to the Scheme, which has proved that significant demand exists for low cost flexible finance. I have met with the Chief Executives of the participating banks to discuss this and other access to finance issues relating to the agri-food sector. I have asked the banks to respond positively to the demand that has been demonstrated by reducing interest rates and providing more flexible terms for cash flow loans in the future. Implementation of this Scheme is subject to the provisions of Commission Regulation (EU) No 1408/2013 (de minimis aid in the agricultural production sector). Support provided under the de minimis regulation complies with State Aid rules in the agriculture sector and does not require prior approval by the EU Commission.

As a further support to tillage farmers I also introduced the Tillage Investment Scheme under TAMS II which opened for online applications on the 8 March 2017. The specific areas of investment include Minimum Disturbance Tillage Equipment, Sprayers, Rain Water Harvesting, Grain Storage and Grain dryers. This Tillage Scheme is the latest of the Targeted Modernisation Schemes (TAMS II) to be launched under the Rural Development Programme 2014-2020. The Scheme is co-funded by the European Agricultural Fund for Rural Development (EAFRD). All applications must be made on-line, either by the farmer or by an adviser authorised to act on his or her behalf. The closing date for applications under the first tranche of the new scheme was Friday 30 June 2017. The second tranche is currently open. There was a significant level of interest in investments under this measure with a total number of 490 applications received in the first tranche. The GLAS scheme has seen a significant uptake, with measures such as green cover, minimum tillage and wild bird cover proving popular with the tillage sector.

As an additional support to cash flow on farms, including Tillage farms, up to €1.187billion has been paid out under the Basic Payment Scheme to 124,222 farmers with payments ongoing. Payments of €202.4 million have also been made to 94,605 applicants under the Areas of Natural Constraints Scheme.

Fisheries Protection

Questions (565, 566, 567, 568, 569)

Catherine Martin

Question:

565. Deputy Catherine Martin asked the Minister for Agriculture, Food and the Marine the way in which the EU's Common Fisheries Policy objective to restore and maintain populations of harvested species above levels capable of producing maximum sustainable yield, as outlined in Article 2.2 of the Common Fisheries Policy Regulation 1380/2013, translates into a requirement to simultaneously fish all stocks at FMSY; if there is no provision preventing the Council from adopting fishing opportunities below the FMSY reference point in order to achieve this objective of the Common Fisheries Policy; the way in which the Council plans to apply the precautionary approach and the way in which it will ensure at least a comparable degree of conservation in line with Article 9(2) of the Common Fisheries Policy Regulation 1380/2013 (details supplied); and if he will make a statement on the matter. [32304/17]

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Catherine Martin

Question:

566. Deputy Catherine Martin asked the Minister for Agriculture, Food and the Marine which by-catches caught when fishing for the stocks in both groups 1 and 2 are defined (details supplied) in view of the mixed nature of North Sea fisheries; the stocks that will be managed as by-catch under this multi-annual plan; and if he will make a statement on the matter. [32305/17]

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Catherine Martin

Question:

567. Deputy Catherine Martin asked the Minister for Agriculture, Food and the Marine his views on whether there are populations of harvested stocks falling outside Article 2.2 of Regulation 1380/2013 (details supplied); if so, if he will identify the stocks in question; and if he will make a statement on the matter. [32306/17]

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Catherine Martin

Question:

568. Deputy Catherine Martin asked the Minister for Agriculture, Food and the Marine the way in which he defines the best available scientific advice (details supplied); his views on whether such advice should be peer reviewed and made publicly available in a timely manner, in advance of decisions by the Council in the interest of transparency and stakeholder access to information and in view of the fact that dialogue with stakeholders has proven to be essential for achieving the objectives of the EU's Common Fisheries Policy, as outlined in preamble 65 of Common Fisheries Policy Regulation 1360/2013; and if he will make a statement on the matter. [32307/17]

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Catherine Martin

Question:

569. Deputy Catherine Martin asked the Minister for Agriculture, Food and the Marine his views on whether the Council's approach in using the International Council for the Exploration of the Sea's maximum sustainable yield advice rule (details supplied) is in line with the International Council for the Exploration of the Sea's advice, in view of the fact that it recommends stricter, narrower ranges if the plan does not include a requirement to follow its maximum sustainable yield rule; his views on following the International Council for the Exploration of the Sea's advice to use stricter ranges in the North Sea multi-annual plan if no requirement to follow its maximum sustainable yield rule is added; and if he will make a statement on the matter. [32308/17]

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Written answers

I propose to take Questions Nos. 565 to 569, inclusive, together.

Ireland does not have any demersal fishing opportunities in the North Sea and consequently our direct interest in the negotiations on a new multi annual plan for that sea basin is necessarily limited. We do, however, expect a proposal from the Commission before the end of the year for a similar multi-annual plan for demersal stocks in North Western Waters which will very much be of direct interest and with which we will be very actively engaged as a key player in those waters.

The general aims of the North Sea plan proposal are to aim to ensure that populations of harvested species are above levels which can produce the maximum sustainable yield, move towards long-term multi-species management, the full implementation of the landing obligation and the regionalisation of technical measures. All of these aims are fully in line with the objectives and requirements of the Common Fisheries Policy (Regulation (EU) No 1380/2013) which Ireland fully supports. In particular, Ireland is committed to the objective of achieving the Maximum Sustainable Yield exploitation rate (FMSY) for all stocks by 2020. The 2017 TAC and Quota regulation achieved tangible progress toward this goal of the CFP while also ensuring the economic viability of an industry that supports vital jobs of numerous coastal communities around Ireland. To give an example of the progress made, in the early 2000's, 94% if stocks were overfished while today more than half of the assessed stocks are managed sustainably. Ireland intends to continue to work with all stakeholders, Member States and the Commission to build upon this substantial and tangible progress to achieve the ambitious targets set out in the CFP.

The ongoing implementation of the landing obligation is also a key challenge and priority. This is a radical change in the operation of our fisheries and one that I believe will bring many long term benefits. It is, however, complex and there is intensive work ongoing with stakeholders and the Commission to try and ensure that we get it right. Significant progress has been made to date with the roll out of the landing obligation. From 2019, all stocks subject to catch limits must be landed and we are working hard with our industry and marine agencies as well as with other Member States on improving gear selectivity and other technical measures that aim to significantly reduce unwanted catches

With regard to 'best available scientific advice', Ireland receives expert, impartial advice from the Marine Institute on all matters pertaining to the state of our stocks. The majority of the Marine Institute advice for the TACs and quotas each year is formulated by the International Council for the Exploration of the Sea (ICES) to which it is a very active contributor. The Marine Institute also uses advice from the Commission's Scientific, Technical and Economic Committee for Fisheries (STECF) and the International Commission for the Conservation of Atlantic Tunas (ICCAT). In a minority of cases, the Marine Institute may not agree with some aspects of these advices and may offer alternative advice with a clear rationale. The Minister presents a Sustainability Impact Assessment on the TACs and quotas proposals each year in advance of the December Fisheries Council. This assessment is informed by the advice of the Marine Institute and a socio economic assessment by BIM and the views of stakeholders following a public consultation. This work informs Ireland's position on any Commission proposal.

I look forward to engaging closely with the Deputy and all interested stakeholders, both from industry and wider civic society, on the proposal for a multi annual plan for North Western waters when it is published, to ensure that we have a plan fit for purpose that enhances the long terms sustainability of the stocks upon which our coastal communities depend.

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