The first and second matters are in the names of Senators David Cullinane and Mark Daly. As we have only Senator Trevor Ó Clochartaigh present in the Chamber, we will take that topic.
Adjournment Matters
Aquaculture Licences
For the record, Senator David Cullinane indicated that he was postponing his matter.
Táim an-bhuíoch don Aire a theacht isteach agus an t-ábhar seo a thógáil ar an Athló, mar tuigim to bhfuil sé an-ghnóthach. I refer to the aquaculture sector in Ireland. As we know from many studies, some 83% of all employment in Irish aquaculture is along the western seaboard. Aquaculture is of great importance to coastal communities along the west coast. I have been very critical of the concept of all eggs in one basket being proposed by the Minister for Agriculture, Food and the Marine, Deputy Simon Coveney, in respect of the massive fish farm planned off Inis Óirr in the Aran Islands. I do not think it is the right development but we recognise the potential to increase production and create employment along the west coast. We need to have an open and honest debate about its efficacy.
In many policy documents, the Government states it is in favour of developing the aquaculture sector through Harvest 2020, which talks about the potential for aquaculture production. One of the national policy goals for agriculture involves the significant scope to expand Ireland’s aquaculture industry, with increases expected from both conventional aquaculture and a new deep sea salmon farming initiative, amounting to a 78% increase in volume of production by 2020. An effective licensing system was viewed by many submissions as the single most important contribution the public sector can make to the development of the marine sector. Numerous submissions regarded the current licensing systems as a barrier to growth, for example, foreshore and aquaculture licensing and planning permission. It was felt that such systems must be fit-for-purpose, quick, consistent, efficient and transparent in order to attract investment.
I do not agree with the potential in the massive farm off the Aran Islands and more progressive growth of small farms along the western seaboard would be a better way to go, but I do not want to focus on that issue. The frustration in the industry is the major backlog in the processing and renewal of licences. I would like the Minister to clarify why there is such a backlog. Why are people in the aquaculture industry finding it so hard to make ends meet, battling against storms, competitors in other areas and being held up when they apply for licences to be renewed or for new licences to be issued? The IFA estimates that, over the past five years, at least €60 million in public and private investment has been lost to coastal areas because producers awaiting licence decisions were barred by our national policy from accessing the equivalent public funding of 40% of capital expenditure allowed in every other EU member state under the European fisheries fund regulations. The backlog is not allowing farms to fish new species as opposed to the licence they have had for a number of years, such as moving from trout to a more lucrative species. In cases where people are fearful of storm damage coming to our shores over the weekend, a licence decision has made it impossible under Irish national rules to access capital expenditure funding or raise bank loans to secure their farms against bad weather with the best available equipment. It is a serious issue and is totally at the behest of the Department. Perhaps the Minister might clarify the backlog. Is it a staffing issue? Is it a policy issue and why is the Government not acting more quickly?
I am responding on behalf of the Minister of State at the Department of Communications, Energy and Natural Resources, Deputy Fergus O'Dowd.
Aquaculture licensing is governed by the Fisheries (Amendment) Act 1997, as amended, and regulations including, in particular, the Aquaculture (Licence Application) Regulations 1998, SI 236 of 1998 as amended. The 1997 Act obliges the Minister for Agriculture, Food and the Marine to determine any application for a licence by either deciding to grant the licence or vary the licence, or deciding to refuse to grant the licence. The licensing process involves consultation with a range of scientific and technical advisers, as well as various statutory consultees and a period of public consultation. Decisions on applications are published and are open to appeal to the independent Aquaculture Licences Appeals Board, ALAB.
A backlog has built up over a long period of time and arises primarily due to the absolute need to achieve full compliance with EU and national legislation on environmental protection. The European Court of Justice judgment against Ireland in 2007 has largely determined what can be done since that time about aquaculture licensing in most of the bays around Ireland, the Natura 2000 sites. The low number of licences issued since 2007 - with the exception of 2012 and 2013 where 115 and 137 determinations were made respectively - largely arises from the need for full compliance with the terms of the European Court judgment, with particular reference to the EU birds and habitats directives. The majority of areas for which these licences are sought are designated special areas of conservation and-or special protection areas under the EU birds directive and Natura 2000 sites. The specific numbers over the last six years are as follows: there were 137 licences in 2013; 115 in 2012; six in 2011; three in 2010; four in 2009; and two in 2008.
In accordance with these EU directives, the Department of Agriculture, Food and the Marine is constrained by law from issuing or renewing aquaculture licences for sites located within Natura 2000 areas until such time as an appropriate assessment has been conducted to assess the potential of the proposed aquaculture and fishery activities within that area to impact negatively on the conservation objectives for that Natura site. The licensing process must take full account of the outcome of that assessment in reaching a determination on any particular licence application.
An additional factor is that under the EIA directives all aquaculture applications now undergo an environmental impact pre-screening assessment which requires significant input from the Department of Agriculture, Food and the Marine scientific and technical advisers. The Departments of Agriculture, Food and the Marine, and Arts, Heritage and the Gaeltacht, which has responsibility for the National Parks and Wildlife Service, NPWS, together with the relevant State agencies put in place structures, procedures and arrangements to address the Natura licensing challenge. These are intended to enable progressive delivery by Ireland in a multi-year plan of its obligations for compliance in respect to sea fisheries and aquaculture under the EU habitats and birds directives.
Arrangements were put in place for the following measures: the progressive collection of necessary benthic, ornithological and other data in relevant marine Natura sites; the progressive development of conservation objectives in these sites; the progressive completion of appropriate assessments; and the establishment of fisheries Natura plans and other arrangements to enable a progressive roll-out of consent determinations in line with the Natura obligations once all the requested conditions are met. As seen from the numbers cited, the licensing process has begun to achieve meaningful results in the context of Natura areas and the Minister for Agriculture, Food and the Marine expects that licence determinations in the order of 200-250 will be achieved in 2014. This will give a cumulative total in the order of 500 licences over the last two years, which will have a significant impact on the backlog.
The very detailed measures the Department of Agriculture, Food and the Marine negotiated with the European Commission which I have outlined are clearly yielding positive results. The elimination of the licensing backlog has been a key priority for the Minister and will continue to be kept under review to ensure that the progress made to date will be maintained and, if possible, accelerated.
I welcome the clarification. Some 58 bays are to be inspected under the regime and only two of them have been completed by the Marine Institute to date. Perhaps the Minister might ask the Minister of State to forward information on the bays that will be finished in 2014 in order that the licences in these bays will be issued and when it is expected to finish surveys of the bays. What is the timeline in order that producers in the bays know where they stand in respect of the renewal of licences? The Minister might ask the Minister of State to come back with detailed information.
Building Regulations Compliance
I thank the Minister for coming to the House. This issue relates to the new 2013 regulations introduced under the Building Control Act and how they relate to certification of building works. There seems to be much concern among architects, engineers and surveyors regarding the exclusion of large numbers of competent engineers and architects who currently do a job in applying for planning permission and supervising construction works. It now seems that those who have been deemed competent for decades and who have been in the industry for years will not be able to certify works under these regulations. Will the Minister outline what is being done to allay their fears? People's lives and livelihoods - their ability to earn a living - are being put at risk.
I am glad of the opportunity to outline the position for the Senator. The new Building Control (Amendment) Regulations 2013 will strengthen the arrangements currently in place for the control of building activity by requiring greater accountability in compliance with building regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. The new regulations are necessary following widespread instances of failure by owners, designers and builders to comply with their statutory obligations under the Building Control Act 1990 to design and construct buildings in accordance with the building regulations.
An extensive public consultation process was undertaken in 2012 to inform the development of the revised building control regulations, which will come into effect on 1 March 2014. Comprehensive consultation documents were published, including Strengthening the Building Control System, a document to inform public consultation on draft building control (amendment) regulations 2012 which sets out the context in which the reforms - which are now signed into law in the form of SI No. 9 of 2014, which supersedes SI No. 80 of 2013 - will operate and the regulatory impact of these for building owners and industry stakeholders. This document remains on my Department's website.
In the two years since public consultation began, my Department has worked in close consultation with key industry stakeholders and local authorities through the City and County Managers Association to prepare for the new regulatory environment. In this regard, a new online building control management system will provide a common platform for clear and consistent administration of building control matters across the local authority sector. It will also undertake a risk analysis of all projects for which commencement notices are received, which will inform each building control authority's own inspection arrangements, thus ensuring that available inspection resources are used to optimum effect. Briefing and guidance for local authority staff on the new system has begun in recent weeks and arrangements are being made to brief industry stakeholders in early February 2014 before the system is made publicly available in advance of 1 March 2014.
A new code of practice for inspecting and certifying works will guide and assist construction professionals in particular in dealing with their new obligations with regard to inspecting work during construction, lodging documentation to demonstrate compliance and certifying the design and construction. Professionals who comply with the code of practice will be deemed to have fulfilled their obligations. This code of practice has been prepared in close collaboration with industry stakeholders and circulated widely within the industry. Standard forms of contracts used for both private and public sector projects will need to be revised to reflect the new regulatory environment. I understand the Government construction contracts committee is currently reviewing arrangements in this regard with public works projects. My Department also understands from its ongoing liaison with the key construction professional bodies representing architects, engineers and surveyors that this work is advancing well. My Department officials are available to advise and assist the professional bodies in this regard as necessary.
Concerns that the new regulations prevent self-building are unfounded, although all house builders must comply with the new regulations. An owner who intends to self-build will, as before, assume legal responsibility for ensuring building or works concerned are compliant. The new regulations now require all owners to assign a competent, registered professional to certify the design and to inspect and certify the works. Confidence in the builder will be a key factor influencing a professional's decision to accept these roles and owners who intend to self-build will need to be aware of this. I am satisfied that arrangements for a smooth transition to the new regulatory environment are well in hand and my Department will continue to work with all parties to ensure they understand their obligations and the steps necessary to meet them.
I understand from representations I have received from the Senator and others that there is some concern about people who are not registered with professional bodies but who are draughtsmen or have carried out work on behalf of architects during the years. I have asked the chairman of the admissions panel of the Royal Institute of Architects in Ireland, Mr. Garrett Fennell, to consider the routes to recognition of those people in respect of professional bodies. A report should be on the Department's website that clearly indicates the recommendations for changes to be made and I have accepted Mr. Fennell's report in full. I hope to be in a position to implement these changes as quickly as possible and that will provide an opportunity for people who are worried about their future, as there will be new rules regarding technical assessment. For example, there is a short and inexpensive course in UCD that will help the people concerned. I have asked the RIAI to examine how we can assist people in becoming fully registered and in any other way in achieving that goal. This applies, as the Senator correctly suggests, to people who have been working in the system for many years.
I hope that by implementing the recommendations in Mr. Fennell's report we will be in a position to drive down costs and improve opportunities for recognition for professionals who have been involved in building and construction for many years.
I thank the Minister for the reply and the further information he supplied.
The Seanad adjourned at 2 p.m. until 2.30 p.m. on Tuesday, 4 February 2014.