Simon Coveney
Ceist:114 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself with the level of enforcement by his Department within the fish farming aquaculture industry. [26604/03]
Priority Questions. - Aquaculture Development.
The current arrangements for monitoring and control of fish farms were outlined in my reply to Question No. 158 of 7 October 2002. In summary, inspections of fish farms are carried out periodically by officials of my Department. In the year to date, for example, the Department's engineering division has carried out 40 inspections of marine fin-fish sites. The operations of fish farms are also scrutinised through returns and reports that are required to be made to the Department by the companies concerned. Among these are annual benthic surveys, which show the condition of the seabed at the farms and are evaluated for my Department by the Marine Institute.
The Marine Institute also carries out 14 inspections at each marine fish farm each year under the programme for monitoring and control of sea lice. Other inspections carried out by the Marine Institute relate to monitoring of fish health and residues. These programmes represent a significant commitment on the part of the public bodies concerned to ensuring that fish farming is carried out in compliance with licence terms and conditions, and with other relevant standards and requirements.
However, in light of certain matters that came to light over the recent past, I decided that a comprehensive review should be undertaken of existing arrangements for monitoring and control of aquaculture and of marine fin-fish farming in particular. This review is being undertaken by a unit established for the purpose in my Department. It will look in detail at all the systems and processes involved in monitoring, control and enforcement and will, as necessary, bring forward recommendations for streamlining and strengthening existing methods and procedures. The aim is to have this review completed by the end of January 2004.
I am committed to having efficient and effective systems and processes for monitoring, control and enforcement so that we can be assured of having a well regulated industry operating to appropriately high standards. This is necessary in the interests of the industry itself and of other concerns of the marine resource and for the conservation and protection of wild fisheries. If it is apparent, following the review, that changes are required to legislation or procedures or practices, these changes will be introduced without delay.
The aquaculture and fish-farming industry has a bright future, particularly in parts of the country which desperately need such investment, if it is managed properly. With all due respect to the Minister of State, he has not answered the question I asked. It relates to enforcement, not monitoring. It is well recognised internationally that Ireland has a good monitoring system under the Marine Institute.
I have four specific questions I would like the Minister of State to address. Has a sanction ever been imposed by his Department on an Irish fish farm for breach of regulations? Do fish farmers who operate under pre-1997 licences operate under different licensing conditions from those operating under post-1997 licences and, if so, why? Will we see a sanction mechanism, in the form of fines, introduced by the Department for fish farms that consistently breach rules regarding levels of sea lice and other rules such as dumping at sea or on land?
My final question, to which I would like the Minister of State to reply first, concerns the "Prime Time" programme. As a result of that programme, two members of State boards – one from BIM and one from the Marine Institute – are under investigation. Does the Minister of State think it appropriate that these individuals should remain members of the boards while the investigation is ongoing, especially considering the senior Minister's recent outspokenness on standards and ethics on public boards?
On the Deputy's first question, no sanctions have been taken against any company in the past. We have taken legal advice on the issue of the two board members and have been advised that due process must take its course. The overall—
What does the Minister of State mean by due process? Is it not the norm in a private company that while an investigation of a member of staff is being undertaken, the person is suspended from his or her position?
Our legal advice is that due process must be allowed to take its course before any action can be taken.
What is due process? That is all I am trying to establish.
The individuals are innocent until proven guilty. We have taken legal advice and have been advised that we cannot take action against the two people.
Is there any indication of how long the Department's investigation will take?
At present, investigations are being carried out by our Department and local authorities regarding the allegations made against the individuals. Galway County Council, in particular, is carrying out investigations of alle gations of illegal dumping. If the individuals are found guilty the council will take a legal action against them.
If they are found guilty, will the Minister of State remove them from State boards?
I would certainly not condone having on the boards people who were involved in illegal carry-on. We will take the appropriate action once due process has taken place.