Dáil Éireann díospóireacht -
Thursday, 5 May 2005

Vol. 601 No. 6

Priority Questions.

Inland Fisheries.

Bernard J. Durkan

Ceist:

1 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the reason the final report on the review of inland fisheries services has not yet been published; when it will be published for public consultation; if his attention has been drawn to the fact that board members, chief executive officers and staff are in a state of limbo with great uncertainty hanging over their careers and the future of the inland fisheries services and that it is impossible to make long-term decisions in regard to fisheries management; and if he will make a statement on the matter. [14661/05]

Minister of State at the Department of Communications, Marine and Natural Resources (Mr. Gallagher)

In December 2003, my predecessor appointed consultants to undertake a high level review of the inland fisheries sector. An independent steering group has also been established to oversee the work of the consultants.

The aim of the review is to deliver a root and branch examination of the State's role and objectives in the inland fisheries sector. The consultants were required to evaluate the adequacy of the current model for the governance of the inland fisheries sector; to define the current relationship between the Government, the Departments and the inland fisheries sector and suggest new more effective models; and to recommend a structure that would contribute to the optimum development of the inland fisheries resource.

While I appreciate that previous indications were that I expected to publish the report of this high level review before now, I am sure the Deputy will nevertheless agree that, given the size and complexity of the task assigned to them, it was important that the consultants appointed to undertake this review be allowed the necessary time to deliver a report which fully and comprehensively addressed all the issues.

I can confirm that I have recently received the report from the consultants and I am currently considering its findings. After consultation with the Minister, Deputy Noel Dempsey, it is my intention to bring this report to Government in the near future and to have it published as soon as possible thereafter. In the meantime, I fully recognise there are concerns within the fisheries boards, both at board level and among certain staff, at the delay in publishing this report. I am nevertheless assured by the management of the central and regional fisheries boards that no significant difficulties have arisen as a result of this delay and that the boards continue with their day-to-day operations in accordance with their current business plans.

Mr. Durkan

Have the consultants finalised their contribution to the report or will they be required to make any further input? Have they been paid for their work and are there any outstanding payments?

Has the steering group examined the report and signed off on it? While I appreciate the intricacies of the report and its importance, when does the Minister of State expect to be in a position to publish it in full and to implement its recommendations?

Mr. Gallagher

As I said, the report of the consultants is with me. After discussions with the Minister we will submit the report to Government within the shortest possible period. Depending on the decision of Government, I expect to publish the report some weeks later. There should not be any inordinate delay.

As for payment, I am not sure if payment has been made for the report. As we only have it for a number of weeks I doubt that payment has been made but I can get the information for the Deputy. After that, the next stage of the review is dependent on the Government's acceptance of the consultants' recommendations. I am aware that many people are watching this space, many of whom have vested interests, who are working with the boards. They are anxious to know what is happening and I am also anxious to conclude this matter as quickly as possible.

Mr. Durkan

What discussions have taken place between the Minister of State and his senior Minister? I accept the Department is one global office. To what extent has the Minister of State entered into discussions and negotiations with a view to addressing the issues raised in the report?

Can the Minister of State give any indication as to when the elections for members to the regional fisheries boards will take place? Will it be later this year? What is the position and status of the boards at present? To what extent are the regional fisheries interests being directed at this time and by whom?

Mr. Gallagher

As far as consultation between the Minister, Deputy Noel Dempsey, and me is concerned, we have had a general consideration of the issue. We will be looking at this matter over a number of weeks. I am going through the report. It is quite comprehensive and will take some time. On conclusion of that process I will discuss it with the Minister prior to sending a memo to Government. As far as the boards are concerned, they are still in situ. What will happen in future will depend entirely on the decision by Government. From a practical point of view, the boards, and the Central Fisheries Board, are still playing a very important role in the development of the fisheries sector in their respective areas.

Harbour Authorities.

Thomas P. Broughan

Ceist:

2 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he will urgently examine and reform his Department’s management of the five national fishery harbours including a review of the Fishery Harbour Centres Act 1968 to include full ongoing consultation with all the stakeholders, users and workers in the five national fishery harbours; if he will especially act urgently to deal with local complaints over the administration and maximum utilisation of the new harbour development in Killybegs, County Donegal; and if he will make a statement on the matter. [14637/05]

Mr. Gallagher

Given that this matter was reviewed recently, I have no plans to again review my Department's management of the five national fishery harbour centres or the Fishery Harbour Centres Act 1968. In 2000, the then Minister for the Marine and Natural Resources, Deputy Fahey, set up a review group to examine the management structures and future potential of the fishery harbour centres. The review group presented its report in December 2001. It was decided at that stage to retain the management structure and operational model currently in place and I am satisfied this should remain the position.

The fishery harbour centres at Killybegs, Howth, Dunmore East, Castletownbere and Ros a Mhíl are managed by my Department. In addition, there is constant pressure from Dingle that it should also be taken over and operated directly by the Department in the same way as the other fishery harbour centres. The existing fishery harbour centres are managed with a view to promoting greater local input and initiative. Both I and my officials are constantly available for consultation with all the stakeholders, users and workers in the five harbours.

While there have been some limited local complaints over the administration and utilisation of the new Killybegs harbour, these must be balanced against the many positive and constructive comments and submissions received from local harbour users and interest groups. It is important that the management of the harbour and associated facilities is carried out in an even-handed manner and that competing interests are appropriately balanced. While some staffing issues have arisen in the harbour over the past year, I am satisfied the temporary arrangements in place have not compromised the management of the harbour. It is important that the question of harbour management is dissociated from the completely separate matter of fishery control in the harbour, which is a separate statutory function carried out by a different section of the Department. The recently completed €50 million development in Killybegs is the largest single investment in a fishery harbour centre and was funded under the national development plan and from the European Union Structural Fund.

Additional information not given on the floor of the House.

On foot of this investment I engaged the services of marketing consultants to market the new facilities and attract more vessels and diverse shipping activities to Killybegs. I recognise the importance of using and developing this facility to the optimum. With an effective marketing strategy we can ensure that the full potential of Killybegs is realised. The opportunity to attract new business for the facility is being fully explored from a number of perspectives, including local industry, offshore activities and tourism. A major focus of the marketing project involves wide-ranging consultation with existing and potential customers, local authorities and community and business groups.

The marketing project involved the establishment of a Department-led steering group, which has been charged with delivering on key objectives of the project. In summary, the group wants to maximise the potential of the port for throughput of general cargo, while maintaining Killybegs as Ireland's premier fishing harbour. It is focused on effective communications with stakeholders and interest groups and having a professional and transparent policy in that regard. I am confident that this investment will more than pay for itself in the coming years and will have enormously beneficial consequences for Donegal and beyond, both socially and economically.

Mr. Broughan

The question arose from the two-day visit to Killybegs of the Joint Committee on Communications, Marine and Natural Resources. I know this is an area the Minister of State has represented for a long time and with which he is very familiar. I pay tribute to Mr. Art Kavanagh of the chamber of commerce and Mr. Sean O'Donoghue of the KFO as well as the other bodies and stakeholders who met us. I was asked, as a priority, for Killybegs, Howth, Dunmore, Rossaveal, Castletownbere and Dingle to request the Minster of State to look seriously at the 1968 Act to see whether he can give the local stakeholders and fishermen some say in the administration of their ports. We got complaint after complaint about harbour charges, restricted landing times, local electrical systems and the weighing system, where the water is weighed with the fish — it was blue whiting when we were there — instead of being weighed in the factories. The Minister of State was supposed to be working on that.

It was felt the system of administration is by diktat from the Department of Communications, Marine and Natural Resources. Is it not disgraceful that three of our premier fishing ports, Killybegs, in Deputy Gallagher's constituency, Howth, in mine, and Dunmore have had to exist for so long without a harbour master or general manager to run the show in each port? That is no way to treat these vitally important parts of the economy and the fishing industry. There were many complaints about the administration of the harbour development and the need for the removal of what the local Killybegs people call "the lump" or mound of materials on the quayside, dug out and not moved.

There was a whole range of requests from the Minister of State's constituency to upgrade the roads, the N56, the ring road, the electricity and sewerage systems. It seems that nothing is working. The Minister of State now has an opportunity to take urgent action on behalf of the people of Killybegs and their community leaders, Mr. Kavanagh, Mr. O'Donoghue and the rest, to ensure that the restrictions on the users and workers in the port are removed. The country's premier fishing port should be used to its fullest possible capacity.

I would like the Minister of State's views on those points which I am relaying to him from his constituents.

Mr. Gallagher

Effective administration at the harbour centres has been constrained for some time by the number of harbour master vacancies. The Deputy is aware of the situation in Killybegs. It is a human resource issue. Since Monday last the assistant harbour master has been acting as harbour master there. I was recently informed that the Public Appointments Service has established a panel of suitable candidates and offered positions to the first three people on it. Following the appointment of successful candidates, the administration of all the fishery harbour centres, including Killybegs, will be significantly enhanced.

As regards the committee's visit to Killybegs and the necessity for consultation, I appreciate the importance of all those who use the harbour. The Department merely manages the harbour. There are many stakeholders and harbour users, particularly producers and processors. The producers are paying harbour charges which have been in place since September 2003. There has been ongoing consultation with Mr. Art Kavanagh and the chamber of commerce, Mr. Seán O'Donoghue and others.

As regards the question of weighing water, I am dealing with that on the basis of recommendations from the industry and it is well advanced. I hope that by the May or June Council Meeting there will be a satisfactory outcome to that. I am aware of the ESB problem, but unfortunately some people in Donegal took it on themselves to appeal to An Bord Pleanála and put green grass and fresh air ahead of other matters. I met the ESB recently, however, and it is submitting a new plan.

Mr. Broughan

I welcome the recent report about the marina, but what steps is the Minister of State taking to develop our fine new port in Killybegs?

Mr. Gallagher

We have appointed a managing consultant and hope to have a report within a matter of months. I am anxious to make full use of the major investment by the State in Killybegs.

Fishing Fleet Protection.

Martin Ferris

Ceist:

3 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the ongoing use of illegal gear by Spanish vessels off the Irish coast. [14775/05]

Mr. Gallagher

I am aware of concerns being expressed regarding the fishing activities of Spanish owned fishing vessels in the waters off the Irish coast and these concerns have been tabled on a number of occasions in the past. I have had inquiries made into this matter and the control authorities advise that these vessels are regularly checked, both at sea and on landing into Irish ports, as are all fishing vessels operating within the Irish fisheries patrol area. The logged catches from these vessels are reported to the European Commission and details of these catches are returned to the flag member state of the vessel concerned.

The Irish Naval Service monitors the fishing activities of Spanish-owned fishing vessels as part of its normal patrol missions. Checks at sea include the inspection of fishing gear used by vessels, using the methods and criteria prescribed under EU fisheries legislation, for compliance with requirements on minimum mesh sizes. Vessels are also boarded at sea and their catches inspected for compliance with EU fisheries legislation governing the minimum sizes of fish. The proper recording of catches is also checked.

The Department's land-based inspectorate also carries out regular checks of all vessels when they discharge fish into Irish ports. Spanish owned vessels, and all other non-Irish vessels, are required to give prior notification of landing, including information on catches aboard the vessel which it is proposed to land. Inspections carried out by the Department's sea fishery officers check the advance notification information against the catches recorded in the European Union fishing logbook and the actual fish being landed. In addition, checks are made on the fishing gear used by these vessels and on other technical requirements set down in EU fisheries legislation. Where fisheries offences have been detected, the cases are referred to the Attorney General's office and prosecutions are taken under his direction. I have brought some recent allegations about use of illegal mesh size in gill net fisheries to the attention of the Department's land based inspectorate and the Naval Service. This matter will continue to receive due attention in the context of overall fisheries control and enforcement.

Mr. Ferris

I brought to the attention of the Department of Defence the fishing by Spanish vessels off the Kerry coast, north of the Pistola bank and other areas. I have outlined for Department officials the modus operandi of Spanish vessels fishing for hake. At both ends of the net they use the legal size mesh, but most of the middle area is covered by mesh smaller than the minimum prescribed, which is, however, legal for other types of fish caught in the Bay of Biscay. Apparently they can get away with it when they come ashore by using this pretext.

Some weeks ago when the Naval Service was inspecting the gear on a Spanish vessel it conveniently broke down while being hauled and the vessel was towed ashore, thereby making inspection of the entire net impossible. Has the Minister of State been made aware at any time by fishery inspectors that this situation is ongoing? Have the inspectors ascertained the enormous differences between the amount of hake being landed by the Spanish in comparison to Irish fishing vessels? My understanding is that on an eight to ten day trip, 28 tonnes is landed, equivalent to four times what the Irish vessels could land for the same duration. Is there a liaison procedure between the Minister of State's Department and the Department of Defence about what the fishermen describe as illegal fishing by Spanish vessels off the Kerry coast?

Mr. Gallagher

I am aware of the correspondence forwarded by the Deputy to my colleague, Deputy O'Dea. I take seriously the allegations about the length of gear. There is no restriction on the length, but the end of each net is legal while the centre is often illegal. There have also been allegations from one of the POs. From a control perspective, I am told it is difficult to detect the practices because the nets are many miles long and they are left in the water continuously.

I want to ensure that there is a level playing pitch throughout Europe. I am treating this very seriously. We are in communication with the Minister for Defence and we are anxious to apprehend any vessel that is fishing illegally. I understand what Deputy Ferris is saying about the quantities, but those that are landed in Ireland must be logged. We will continue to inspect them and my officials will continue to ensure that those that do not give us prior notice are brought to justice. The grounds were once the most prolific grounds in Europe, but due to overfishing that is no longer the case. We cannot allow that to continue and conservation is very important.

Post Office Network.

Bernard J. Durkan

Ceist:

4 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if there will be any further closures of post offices or sub-post offices; if he will secure a major improvement in labour relations at An Post; if his attention has been drawn to the social responsibilities incorporated in the services provided by An Post and the post offices; if he will take the necessary initiatives to set the postal service on a sound financial footing and in a position to provide a modern, efficient and competitive service in line with the requirements of the business and domestic sector now and in the future; if he will ensure the transaction of the maximum amount of Government business through An Post and the post offices, with particular reference to social welfare payments and Government grants; if he will upgrade all post offices, including sub-post offices, to facilitate modern electronic fund transactions; and if he will make a statement on the matter. [14773/05]

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

There continues to be a key national role for An Post, both in delivery of mail and as a quality service provider through its nationwide network of post office outlets. The market for traditional postal and post office services is changing globally and meeting customer needs has become more important than ever. In order to remain competitive, An Post needs to make the best possible use of its long established and trusted brand name and deploy its resources in a manner which continues to serve existing customers' needs and attracts additional customers for a range of new services.

There is agreement that change is required if the postal services of An Post are to adapt to the modern business environment. To develop an agenda for change, an exhaustive process of negotiation between An Post management and trades unions, with the assistance of the State's industrial relations machinery, has been ongoing for some time. In an effort to resolve all remaining difficulties on collection and delivery arrangements, the outstanding issues are currently being dealt with in the Labour Court with a view to agreeing a way forward that will see the company placed on a secure financial footing. I have continuously emphasised the need for all stakeholders in the company to work together in a partnership approach and to utilise the industrial relations mechanisms of the State, where necessary, in order to agree and implement a strategy to return the company to financial stability.

This Government and the board of An Post are committed to the objective of securing a viable and sustainable nationwide post office network as set out in the programme for Government. Notwithstanding the commercial remit of An Post, there is a clear Government recognition of the social benefits of maintaining the nationwide post office network. Accordingly, An Post development strategies for the network continue to take full account of these social benefits. I met with representatives of the Irish Postmasters Union and I listened to their views with interest. I also emphasised to An Post management the importance of developing a long-term strategy for the network. The challenge for the company is to develop a strategy that satisfies the needs of existing customers, while attracting new customers into the post office.

Additional information not given on the floor of the House.

An Post has already had some success in winning new business and continues to benefit from a considerable amount of Government business, especially in the areas of social welfare payments and savings products. To ensure that our post offices remain attractive to customers, An Post must upgrade IT systems in order to offer an enhanced suite of financial and other services and high grade EFT functionality to social welfare customers via post offices. Pending the implementation of new IT upgrades, I have agreed with the Minister for Social and Family Affairs that, for the moment, all payment options will receive equal standing on social welfare forms and that the Department of Social and Family Affairs will not actively push EFT for social welfare clients. In addition, a pilot project will see a number of small post offices computerised.

On the matter of post office closures, it is only when a suitable candidate for a vacancy cannot be found or where there are no applicants, that a post office is closed.

Mr. Durkan

Has the Minister issued any specific direction regarding his preferred options for the future of An Post? Has he asked if the outstanding labour relations issues have been addressed? Has he given a direction on the future role of sub-post offices? If so, to what extent? Can he report progress on the discussions that are taking place? Given its national importance, has the issue been discussed in Cabinet? If so, what is the nature of the direction given to the Minister by his Cabinet colleagues? At this stage, how does the Minister see a resolution of this issue and in what timeframe?

Mr. N. Dempsey

It is not in order for me to issue directions to An Post that would interfere directly in matters that are before the Labour Court. Therefore, I have not issued any directions per se. I have met with the management of An Post four or five times since I became Minister. The Department officials also meet with An Post on a regular basis. An Post management is aware of my views on a range of topics, including the need for An Post to resolve the difficulties that it has internally, especially in the area of postal delivery. I have spoken privately and publicly to management about where I see the future of the post office and about the necessity to modernise. I did that as recently as last Saturday at the IPU conference.

I am not directly privy to the talks which the Deputy mentioned. The talks process finishes today or tomorrow and a report will be prepared for the Labour Court, which will make its recommendations after that. There were 84 points of contention that will hopefully be resolved with recommendations from the Labour Court. I cannot discuss that which might be discussed at Cabinet, other than to say the annual report of An Post was recently before the Government and there was a general discussion on it.

Mr. Durkan

Can the Minister inform the House whether he has had discussions with his Cabinet colleagues with a view to diverting all possible Government business compatible with postal services through An Post? This could maximise the Government grant from various Departments, including the Department of Social and Family Affairs.

Mr. N. Dempsey

It is Government policy to ensure that as much Government business as possible is done through the post office network. This year, the Garda fines collection system is the latest Government service that will operate through An Post. It is my policy to ensure the maximum amount of business goes through An Post.

Broadcasting Legislation.

Thomas P. Broughan

Ceist:

5 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if he will consider a statutory register of interests for broadcasters in future broadcasting legislation in view of concerns of viewers and listeners in relation to the reports of the supply to and free use of cars and other benefits by broadcasters engaged in current and public affairs and the massive salaries and rewards enjoyed by these broadcasters, often through their own companies, which subcontract their services to the national and other broadcasters; and if he will make a statement on the matter. [14374/05]

Mr. N. Dempsey

Work is continuing on the development of legislative proposals that will form the basis of a new broadcasting Bill. The priority issues to be addressed by the legislative proposals are the establishment of a single content regulator for both private and public service broadcasters as recommended by the forum on broadcasting, the establishment of RTE as a commercial company under the Companies Acts 1963 to 2003, the provision of a statutory mechanism for future adjustments to the level of the television licence fee, and the development of the right of reply mechanism allowing persons whose reputation and good name have been damaged by an assertion of incorrect facts in a television or radio programme to gain redress speedily. It is intended that the single content regulator will combine the existing regulatory functions of the Broadcasting Commission of Ireland and the RTE authority.

With regard to the specific issue of requiring broadcasters to maintain a statutory register of interests, all aspects of broadcasting policy are being considered in the development of the legislative proposals. My intention is to ensure that the broadcasting regulatory environment continues to encourage the maintenance of high quality radio and television services by both independent broadcasters and RTE.

Mr. Broughan

Thanks to the Evening Herald freedom of information request, we read last night that distinguished broadcasters such as Pat Kenny and Gerry Ryan earn upwards of €600,000 per annum and Ryan Tubridy earns upwards of €300,000 per annum. A number of other broadcasters and newscasters also earn very high salaries. What are described as high-profile newshounds on various news stations are also equally well remunerated.

Concerns have been raised by a number of viewers and listeners with my office regarding additional reports, in The Sunday Times I think, relating to the provision of free luxury cars for broadcasters. It was reported, for example, that Mr. Tubridy has the use of a Lexus IS200, Mr. Pat Kenny has the use of a BMW or has a relationship with BMW, Mr. Gerry Ryan has a relationship with the Mazda company and Ms Gráinne Seoige of Sky News Ireland has an association with Audi.

It seems important to me that the interests of commercial news broadcasters and people involved in the public domain of broadcasting who comment on national and international issues should be publicly known. I have the fifth edition of the RTE staff manual 2004 which states in section 2.16:

It is the clear and unalterable policy of RTE that no programme presenter — especially those who are involved in news and/or current affairs and related output — should be associated with commercial or other interests such that the audience's perception of their broadcasting role is or could be adversely affected. Thus, no involvement in advertising, no public association with specific projects or services, no availing of access to goods or services on preferential terms, no association with the promotion of goods or services will be permitted.

A few pages further on in the manual, section 4.9 states: "Broadcasters and performers engaged by RTE as independent contractors are not staff and are not covered by this manual." It seems, therefore, that the requirements for clarity and transparency are not clearly indicated in the manual.

Does the Minister intend to ensure in the broadcasting Bill that the interests, commercial or otherwise, of all commentators on public affairs, including ourselves, be declared? Listening to a current affairs programme last night — a programme I was on a few nights previously — I found it jarring that a publication of the presenter was advertised in the middle of his programme. Is that an area we need to examine?

I say to our distinguished print journalists, one of whom is present, that if they are commenting on public affairs, the same requirements for transparency as apply to us should apply to them and to news and current affairs broadcasters, including those who report so faithfully on our doings in this House. I would be grateful for the Minister's opinion on these concerns which have been transmitted to me by numerous constituents.

Mr. N. Dempsey

Much of the time many of us would be interested in where some journalists come from when they make comments about what we do in this House. However, the longer one is here, the more one learns and the more one understands where they are coming from.

The matter raised by the Deputy could be discussed during the course of the broadcasting Bill. The affairs of anybody involved in public life, particularly anybody being paid by the State with public service obligations of one kind or another, such as public representatives, should be open to public scrutiny in so far as they relate to the work they are doing.

There is a distinction in RTE between people who are employed by RTE and those who are contracted. Nobody has brought to my attention the fact that anybody has abused his or her position in that respect. It would be a major consideration if there was an abuse of position. There was a recent incident where someone was thought to be involved in a conflict of interest situation. I would be willing to discuss the matter with Deputy Broughan during the course of the broadcasting Bill. It would be useful to consider the issue. It is not a simple black and white issue. We must consider to whom it should apply and whether it should only apply to particular types of journalists or broadcasters and whether we would apply the same standards to a light current affairs programme as to a heavy news programme. There are issues we could discuss.

Mr. Broughan

It is important for the integrity of the broadcasting system and news media generally that we have full transparency across all areas. When does the Minister expect the broadcasting Bill to come to the House? Deputy Durkan and I are blue in the face asking about it. Broadcasting companies, including the national broadcaster, are always asking us about it. When will we sit down to work it out? Does the Minister intend introducing a regulator, such as Ofcom in the United Kingdom, that will take over from ComReg and have a wide remit? Ofcom has done excellent work in many areas for the British public in the area of broadcasting. Would we be well served if we had a similar regulator?

Mr. N. Dempsey

That is being considered in the context of the Bill. Both Deputies have asked their question often, but they get a consistent answer. They do not need to ask it as often as they do. It will be published before the end of this year.