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Dáil Éireann díospóireacht -
Tuesday, 16 May 1995

Vol. 452 No. 8

Adjournment Debate. - Foreshore Legislation Applications.

I thank you, a Cheann Comhairle, for the opportunity to raise this matter and I thank the Minister for coming in to reply. This problem relates to Carlingford Lough which straddles the Border, with County Down on one side and County Louth on the other. There is a good aquaculture industry in this area, with the farming of oysters and mussels. In recent years there have been problems on the lough in that a number of ships from outside this jurisdiction entered the lough and hoovered up mussels before leaving — the position with oyster farming is different. This matter has been raised on a number of occasions in this House.

The problem relates to an area from Carlingford to Omeath and involves a number of applications currently before the Department for the farming of certain areas in the locality. Under the Foreshore Act, 1933, there is provision for the Minister to hold an oral public inquiry to hear applications for licences along the foreshore. In view of the previous problems that have arisen in the area, particularly in the farming of mussels, I ask the Minister to consider favourably my request. It is the wish of the vast majority of applicants in this business, who have previously met the Minister on this, that an oral public inquiry be held so that they can put their arguments and hear the views of other people who have applied.

As the Minister is aware, a number of local people in the Carlingford area, whose families have been involved in mussel farming for many years, applied to his Department for a licence some time back and were told they would have to form a co-op. They subsequently formed one and their application is before the Department. I do not want to prejudge a public oral inquiry, but there is disquiet and conflict in the area similar to that existing between the supermarket industry and the small corner shop. The locals who formed that co-op are trying to make a living out of mussel farming in the area and are seeking to do so on the shores in their locality. There is potential for large commercial operators within and outside the State in this area and such non-national operators using foreign crews and boats registered outside the State have applied for licences. It is important, because of that and the existing conflict, that the Minister accede to my request and allows a public oral inquiry.

Carlingford Lough, situated close to the Border, is unique. There is great co-operation between oyster fishermen and a successful co-op is being run between the North and the South with the aid of international funds, one of the greatest marine success stories as regards North-South co-operation. I fear there may be some ill-feeling in the general locality of Carlingford Lough on both sides if the foreshore licence along the southern side, particularly regarding mussel farming, is not dealt with properly by the Department. I am sure I speak for a number of people on the northern side in that there is concern that the large commercial operators are given preference over small local ones. I am sure the Minister will say that is not the case, but I ask him to consider that aspect and accede to the request for a public oral inquiry.

Mussel farming involves local jobs and if those people were not engaged in that occupation, they would probably be on the dole. Recently, two of the fishermen, Fergal and Eugene McKevitt, who were part of that co-op, met their deaths tragically on the lough. The fact that they were out on the lough shows that they, their families and many families in that locality have been involved in such farming for many years.

The Government has jumped on the bandwagon of openness, transparency and accountability. Because of that the Minister should accede to my request, be open and transparent and make his Department accountable to a democratic process allowable under the legislation.

I thank Deputy Ahern for raising this matter which relates to a specific foreshore licensing application to engage in bottom culture of mussels in Carlingford Lough.

The application in question is the subject of a letter received by the Department of the Marine today from Woods, Ahern, Mullen, Solicitors, 18 Francis Street, Dundalk calling for a public inquiry to be held with regard to granting that specific foreshore licence.

The policy objective with regard to the licensing of aquaculture and mariculture development is to ensure that such developments take place in an orderly and well regulated manner with full respect for other interests and in harmony with the environment while maximising the industry's contribution to the economy in terms of jobs and revenue. In line with this objective, the Department is devoting considerable resources to meeting the licence demand for aquaculture operations in Carlingford Lough, particularly for shellfish farming, which is expanding rapidly to the benefit of the coastal community.

All applications for licences to engage in fish farming are subject to comprehensive evaluation by the Department's aquaculture licence vetting committee, a multidisciplinary advisory body, which brings together all relevant expertise from within the Department and the Central Fisheries Board. Applications are assessed from all technical, scientific and other relevant perspectives to determine the suitability of proposals.

In all cases this evaluation process is further informed by public consultative procedures including consultation with appropriate statutory bodies such as the regional fisheries boards, local authorities, the Wildlife Service, the Department of the Environment, Bord Fáilte and the Commissioners of Irish Lights. Representations and comments received under this procedure are taken into account as part of the overall evaluation of applications.

My decisions, as the statutory authority, either for or against individual applications are taken on the basis of the wide-ranging advice and analysis derived from this evaluation and consultation system.

My primary aim is to ensure the sustainable and well regulated development of the aquaculture sector with full respect for the rights and interests of all users of the marine and freshwater resources. I will continue to combine the need for a strategic view of the acknowledged economic contribution of aquaculture with the responsibility to take all relevant factors and interests into account. With this objective in mind, an intensive review of the existing planning-regulatory framework for aquaculture is at an advanced stage. This review will determine the scope and need for improvements to the present licensing system.

My statutory powers in relation to consideration of foreshore licence applications to engage in shellfish cultivation derive from section 3 of the Foreshore Act, 1933.

I am empowered by that section of the Foreshore Act to grant a licence to any person in respect of the foreshore if, in my opinion, it is in the public interest to do so. While there is provision for holding a public inquiry in regard to granting any foreshore licence, such provision is discretionary.

In the event that any public inquiry was to be held under the Foreshore Act, 1933, all expenses incurred in the holding of an inquiry would fall to be paid by the licensing applicant.

The Deputy may not be aware that a public inquiry under the Fisheries Act, 1980, was held on 26 June 1984.

I am aware of that.

That public inquiry centred on the proposed designation by order under section 54 of the Act of part of Carlingford Lough as an area within which it shall be lawful to engage in aquaculture pursuant to an aquaculture licence granted by the Minister. Both an aquaculture and a foreshore licence are required to lawfully engage in shellfish growing in Carlingford Lough.

On 5 December 1986 a specific area of Carlingford Lough and adjoining waters was designated for aquaculture purposes by virtue of the Aquaculture (Carlingford Lough) Order, 1986. Having regard to the comprehensive system of public notice and consultation applicable to all subsequent licensing applications for aquaculture developments, the rigorous assessment process in place to evaluate and advise me on objections or representations received by the Department on foot of the extensive consultation procedures, the fact that a public inquiry has already been held on the designation of the area concerned for aquaculture purposes and a ministerial Order subsequently made designating the area and the need to avoid imposing undue financial burdens on aquaculture licensing applicants by having to bear the costs of any inquiry held under the Foreshore Acts, I am satisfied that there is no justification for holding an additional public inquiry at considerable expense for an area already designated for aquaculture purposes.

The holding of a further public inquiry would only conceivably be justified if the issues to be resolved were of such complexity, seriousness and of such public import as to warrant it in the common interest.

I do not consider that the difficulties associated with the present applications in Carlingford Lough warrant such a course of action. Deputy Ahern referred to conflicting applications, but the applications under consideration are all from within the State. The Department of the Marine and I have the highest respect for the applicants concerned, including the co-operative to which Deputy Ahern referred. I am confident that the difficulties to which he referred can be resolved through consultation, mediation and good will on both sides. The Department is committed to working with all the parties concerned to achieve a solution based on consensus and reflecting the legitimate needs of all users of the foreshore resource. I am confident that a resolution of the difficulties to which Deputy Ahern referred and the fears he expressed can be reached through existing mechanisms in the Department of the Marine for dealing with such applications without recourse to a formal public inquiry.

I emphasise the positive contribution of aquaculture to jobs and exports which has been fully recognised under the National Development Plan and the co-operative to which Deputy Ahern referred played an important part. The planned investment under the programme over the next five years of some £36 million has the potential to generate more than 1,000 new jobs directly in the sector and an additional output annually valued at some £12 million. A significant number of jobs will also be created in the value added processing and marketing sectors. I am sure Deputy Ahern will welcome the fact that we anticipate a number of those jobs will be created in the Carlingford area.

The Dáil adjourned at 9 p.m. until 10.30 a.m. on Wednesday, 17 May 1995.

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