Ms Karin Dubsky:

I will try to respond to the many interesting and searching questions raised.

On section 13 which provides that the Minister can take as long as he or she likes to consider an application, in the Fisheries Act, when drafted, the legislators were democratic and fair in ensuring the inclusion of a clause to limit the time allowed in that regard. However, that provision was not commenced. This also happens in the case of other legislation. The wider issue of the inclusion of a sunset clause to provide that a section which may logically not be commenced immediately can automatically come into force within a year needs to be addressed.

On the licensing regime being in a shambles, while there is no licensing system on Lough Foyle on the Donegal side, planning for aquaculture on the same Lough on the Northern side is of A grade quality. We need a cross-Border approach to this issue as the level of habitat destruction in the area is serious. Many of the farms being established do not involve local people.

The question was asked if there was potential to label our product. The answer is, "Yes," but more money is required. We need to provide additional resources. We need to ensure our shellfish product is of A grade standard. Much of it is currently is of B grade. There is a need for a greater effort in the context of product promotion through tourism. In this regard, we could do what was done in Boston where an old boat was transformed into a lobster hatchery which tourists were encouraged to visit and taste the lobster produced. The entrance fee covered the cost of operating the lobster hatchery. A similar operation, perhaps in Galway, could prove really interesting. I agree that the hatchery issue could have been better addressed in our strategic plan.

On law enforcement, it is hit and miss. There are many excuses given on the reason staff do not report non-compliance. There are more than 600 farms operating, the licences of which have lapsed.

In 11 years, not one did anything to warrant it being brought to court. The Department told us that it could not take someone to court if he or she was non-compliant and operating outside the area where he or she should be because a judge would throw out a virtual licence. Judges like dealing with real licences. There needs to be a change.