Dáil Éireann díospóireacht -
Thursday, 6 Jun 1996

Vol. 466 No. 5

Adjournment Debate. - Right of Way to Lough Arrow Fishery.

Mr. Nealon

Lough Arrow in County Sligo is one of the most celebrated trout fishing lakes of this country. At Maytime Lough Arrow fishermen await the arrival of the mayfly. When there is a good hatch and all the boats are on the lake, Lough Arrow is a glorious sight and, as I know from personal experience, a glorious place to be.

The arrival of the mayfly was not the only news these fishermen received this May. Those who used one of the principal access routes to the lake were told that trespassers will be prosecuted and that they must remove their boats by 31 May. This was at Ballyrush Bridge on the Uinshen River, one of the traditional access points to the lake. This riverside area has been used by anglers for many years but suddenly they were told that this was private property. This order was given just as this year's fishing season was moving to its peak.

Because of the fishing season reaching its peak and the difficulties and dislocation this would cause anglers, some of whom are visitors who have been coming to Lough Arrow for many years, a sort of settlement was reached for the payment of £20 per boat. Even at that, it appears that boat owners are being asked to sign a document stating that their boats will be removed by 1 November next.

All of this difficulty being experienced at Ballyrush Bridge follows an exclusion order, on the same north side of the lake, where fishermen who tied up their boats at Ballintine's Pier no longer have freedom to do so. It should be noted this was a pier built by Sligo County Council and the Irish Tourist Board. Nonetheless fishermen were told they no longer had right of access so that, in order to get to their pier, they must use either a boat or helicopter, which must be unique in the case of a pier anywhere in this country.

These anglers do not appear to have any clear-cut knowledge of the principals claiming ownership of traditional mooring places for boats at Ballyrush Bridge. There appears to be a company involved, possibly registered in Douglas in the Isle of Man, but the Lough Arrow anglers are uncertain. However, one thing is certain — the action taken came at a time designed to cause maximum disruption of the angling season. This disruption has been patched up for a few months only.

This is a clear case where the Minister for the Marine should resort to the powers of section 39 of the Fisheries Act, 1980, for the compulsory acquisition of this important right of way to Lough Arrow. As no doubt the Minister of State will tell us, this is a power used very sparingly, if at all, in the past. While it is better that such disputes be settled amicably, those powers are contained in that Act. Anglers are very patient people but it is time to begin taking a tough line regarding access to these waters.

Throughout the country we hear of traditional access points to lakes and shores being closed off. I hope the Minister, with the North West Regional Fisheries Board, will take quick, decisive action to ensure that the traditional access rights to Lough Arrow are maintained, thereby sending a clear, decisive message to anybody else in any other part of the country contemplating ring-fencing our angling waters, whether by resorting to erecting barbed wire fences or trespass notices.

I thank the Minister of State for coming to reply to this very important local issue which I know he will accept also has serious national implications.

Minister of State at the Department of the Marine (Mr. Gilmore)

Lough Arrow is a public fishery. Responsibility for the protection, conservation, management and improvement of this fishery rests with the North Western Regional Fisheries Board and I have no direct function in the matter. I am fully aware of the difficulties experienced by anglers in gaining access at certain locations around the lake. The board is working to resolve those difficulties.

I understand there is good public access to Lough Arrow at Brick Pier on the east, Ballinafad Pier to the south and Ringbawn Pier on the west and that a number of private access points have been traditionally used with the agreement of the landowners.

As the Deputy notes, one of these private access points in Ballyrush Bridge is at the northern end of Lough Arrow. I understand that on 14 May last the manager of the North Western Regional Fisheries Board learned that work was under way on the construction of a wall between the Ballyrush Bridge site and the public road, which would block access to the lake from that point. I understand, following approaches by the board, that particular work was halted. Subsequently, however, a sign was erected advising the public that the property is private and that boat owners should remove their boats from the property by 31 May. The North Western Regional Fisheries Board advises me that it is endeavouring to contact the owners with a view to discussing ways and means of resolving the difficulty over access and right of way for anglers at the bridge.

As the lands at Ballyrush Bridge are privately owned, access arrangements are a matter for the owners and prospective users. As I said, the board is available and willing to help broker an agreement. Section 39 of the Fisheries Act, 1980, provides that the Central or a Regional Fisheries Board may apply to the Minister for an order to be made creating a right of way to enable a board to carry out its statutory functions or to enable fishermen to gain access. It is up to the board to consider and advise as to whether this option might be pursued at some stage. It would, of course, be preferable to get a pragmatic agreement between all parties and this is the strategy currently being pursued by the board.

Overall, the North Western Regional Fisheries Board is looking strategically at the question of access for anglers to Lough Arrow as part of its development programme for the lake. As part of that assessment the board is actively reviewing all options for improved access points around the lake.

The general question of access to fisheries has been examined in successive reports, notably the 1976 Report of the Inland Fisheries Commission. The ownership of fishing rights does not automatically give the owner the right to cross land to reach the fishery or to fish from the river bank. That being said, the granting of fishing rights frequently includes the right to use adjoining land for the purpose of accessing those fishing rights.

The goodwill of land owners is a key factor in the development and well regulated use of fisheries. There are, of course, reciprocal obligations on fishing interests to fully respect the rights and concerns of land owners. Generally speaking landowners have been amenable to allowing access over their lands to fishery owners or to the public. Indeed, it could be said that it is often in the interests of landowners to facilitate access to developed fisheries given, in particular, the local economic benefits accruing from tourism angling. The current difficulties on Lough Arrow underline the importance of sorting out assured rights of access over lands to fisheries and along the banks of our rivers and lakes. Where there are ongoing doubts in relation to the ownership of fisheries and access rights, fisheries conservation and development and enjoyment of the amenity will continue to be inhibited.

The ownership and access issue has now assumed a greater importance with the advent of significant EU funding for the inland fisheries sector. Most notably, the tourism angling measure of the Operational Programme for Tourism, is funding, to the tune of £19 million, the upgrading of our game, coarse and sea fisheries to the highest international standards. The resultant dividend in terms of tourism revenue and related jobs will be considerable.

The provision of guarantees in respects of open and regulated access to fisheries being funded under the programme is an essential part of the process. Therefore, to secure and protect all proposed investment in tourism angling we have established and funded a title investigation unit under the aegis of the Central Fisheries Board which is systematically investigating title of fisheries and access rights to fisheries around the country. This is an important and long overdue initiative and will, I hope, bring a welcome level of certainty and clarity to the situation — in everyone's interest.

The North Western Fisheries Board is currently developing funding proposals for the rehabilitation and development of the valuable trout resource in Lough Arrow. I am confident that the board's strategic plans will result in a restoration of Lough Arrow to its former glory and I fully support the board's efforts and the efforts of the Friends of Lough Arrow to bring about the restoration of one of our finest lakes.