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Dáil Éireann díospóireacht -
Wednesday, 6 Jul 2011

Vol. 737 No. 4

Foreshore (Amendment) Bill 2011 [Seanad] : Committee and Remaining Stages

Sections 1 to 10, inclusive, agreed to.
TITLE
Question proposed: "That the Title be the Title to the Bill."

I wish to ask the Minister a question that I meant to raise earlier. Will there be an appeals process? Will the Aquaculture Licence Appeals Board still be in existence?

Yes, it is legally required. It is somewhat like An Bord Pleanála. It has been on ice in recent years because there has been no aquaculture licensing process, but we have kept the structure in place. Now that we will get live applications, the Aquaculture Licence Appeals Board, ALAB, will be in operation.

Can I ask one question?

Strictly speaking, I am going through the procedure of the Bill, but the Deputy may speak briefly.

I thank the Ceann Comhairle for his indulgence. In his closing remarks, the Minister stated the licensing procedure enforced on us through the EU judgment is not replicated in other EU countries. Will he expand on this point? Are we being forced to bring in a more onerous system than other EU countries?

The straight answer to the question is yes. In the past, we had no satisfactory system and, let us be honest, as a result there is a good deal of aquaculture activity out of licence at present. We must regularise it and this is why we are putting in place the process to make it happen. As a result of the case taken against Ireland, the Commission decided to require that we put in place a system that may be used as a template for the way aquaculture licences will be assessed and granted and how they should be assessed before aquaculture applications can be made, especially when they relate to Natura areas. Unfortunately, there is an element of Ireland being the guinea pig. This has resulted in an onerous obligation on us from an environmental assessment point of view. In some ways this could be a good thing if we have the time to develop it and the patience to do it. However, I would prefer to believe that it is possible to meet the type of environmental criteria in place and to do so in a shorter timeframe than proposed. This is what my Department and Deputy Deenihan's Department, which is responsible for parks and wildlife, aspire to, but it is not a simple process. I have spoken about this many times. We are going to try to make progress as quickly as we can. However, the idea that we can simply ignore what the Commission has stated does not hold up. There is a legal judgment against us. We must put in place a process that prevents the Commission taking further action in terms of implementing fines and shutting down parts of the industry.

We are negotiating from a position of some weakness. Having said that, the EU Maritime Affairs and Fisheries Commissioner does not understand why the Irish aquaculture industry is not expanding apace. There is something of a contradiction between the Commissioner with responsibility for the environment and the Maritime Affairs and Fisheries Commissioner. When one considers the reason, one can begin to understand it and I am not criticising either of the Commissioners. My job is to find a political way forward that allows our industry to expand as opposed to watching in utter frustration while an industry expands apace in Scotland when we could have such a stimulus in Ireland. That is the long answer to a short question.

Question put and agreed to.
Bill reported without amendment, received for final consideration and passed.
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