Pádraig Mac Lochlainn (Sinn Fein) | Oireachtas source

Unfortunately, the licensing system has not been working for the industry or those with environmental or other concerns. I have been examining the statistics for Scotland which has been subject to the same environmental directives which I hope will not change following Brexit. Apparently, the period in which licence application decisions are made rarely exceeds 20 months, whereas it is six years plus in Ireland. Will the delegates explain why it takes so long to administer and make a decision on a licence application?

We discuss objectives for our produce. We know that 60% of all seafood consumed in Europe is imported. There is, therefore, significant potential to increase prosperity and jobs across the west. How does it tally that, on the one hand, the Department and other agencies funded by the State talk about the need to develop the agrifood sector and set targets and that officials accompany the Minister on visits to markets across the world and that, on the other, it has taken more than six years to come up with ideas for aquaculture? How can someone develop a market for aquacultural products when one does not know if one will have a licence in five or ten years' time? There is no certainty in that regard. One cannot guarantee that one will have a licence. Do the officials have a view on the inherent contradiction in the case of aquacultural produce?

Arising from the review, there is a proposal to establish separate offices for the issuing of licences and monitoring compliance. Apparently, this is the position in the EPA in which there are two separate offices. It is proposed that the proposal be supported by the industry, concerned NGOs and, of course, the review group. Do the officials support the recommendation and will they implement it to ensure there will be a separate office for the issuing of licences and another for monitoring compliance? It makes absolute sense to me to ensure there would be no conflict of interest in that regard.

Who or what office is responsible for making sure that the regulatory framework for the industry is updated? This is a critical issue for the industry and for those concerned about environmental standards, at both sides of the equation. Who is responsible for making sure it is updated on an ongoing basis, that everything that is being done in the industry is keeping up with necessary environmental requirements and that it is flexible and dynamic? Who is responsible for that within the Department; who makes sure that is happening?

The next question relates to renewals. The following point has been made to me and it makes absolute sense. If one has this dynamic proactive regulatory framework, overseen by the Department, and the environmental standards are being checked all the time, and rightly so in terms of those who are in the industry, why do we need a renewal process? Why does one need to renew one's licence and go through everything again in terms of environmental studies and so on? How can one have certainty? I mention the analogy of the driving licence in that one proves one's competency once. It is not the best analogy in the world but one does not have to renew it again and again. The issue here is that if the Department is monitoring this and if a person has a clean bill of health again and again and is complying with the standards, why does that person need to go through the renewal process? How can one give certainty to a market?

The final question relates to the other side of the equation, those who have environmental concerns and local communities that wish to, and have the right to, object. The Aarhus Convention was referred to. I can only speak with authority about Donegal but we have heard complaints that licences have been granted without local communities being aware of it and that it has been too late to appeal. I have raised this issue with the Department before and raised it again recently.

Let us just take the example of Donegal which is a very large county. Deputy McConalogue and I are from the Inishowen Peninsula while Deputy Pringle is from Killybegs, the other end of the county. People living on the Inishowen Peninsula read the following three newspapers: the Inishowen Independent, theInish Timesand theDerry Journal. Donegal is quite parish based. If one wants to make sure the local community knows what is happening and has a right to object, one must stipulate clearly that these are the newspapers in which the Department must advertise. However, the Department stipulates only the Donegal Democrat. The only people who read the Donegal Democratin Inishowen are the people from south Donegal, a handful of people. That is just the reality created by having that rule. I have given a practical example from Donegal.

I want to give an example of where this fails in a community, and we have dealt with this before at this committee and I will revisit it today because the Department is refusing to address and review this issue. I refer to the planning permission given at Linsfort for an oyster farm. I can tell the officials that the promoters of that oyster farm were told - they did not choose to do this - that they must advertise in the Donegal Democrat, which meant minimising the ability of people to be aware of it The wording of the application stipulated "on the shores of Lough Swilly". I am sure the Department is very aware that the shores of Lough Swilly can swing from Malin Head down to Inch Island and right back up to the Fanad Peninsula; they could be anywhere. A huge coast hugs Lough Swilly but that is what the advertisement stated. The Department insisted the advertisement be placed in the Donegal Democratand that it state "on the shores of Lough Swilly" rather than "Linsfort Beach, Buncrana, County Donegal", thus providing specific information.The advertisement was not placed in a local newspaper which people would read. This was raised with the Department the last time it was here. In the last couple of weeks, I was told that the Donegal Democratwas fine and that it was the newspaper the Department insisted that people advertise in. That is just a practical example of how the system is not being fair to local communities and giving them a chance.

I want to be very clear. I support the potential of aquaculture. I have seen it creating jobs in my home county of Donegal, so I support it happening along the coastline. However, there has to be fairness to those who wish to object. Let them make their case and then a fair and an efficient system can make a decision in relation to it. I highlight to the Department the concerns and frustrations of industry, and the concerns of local objectors. I hope the Department can address the issues I have raised.