Oireachtas Joint and Select Committees

Tuesday, 6 February 2018

Joint Oireachtas Committee on Agriculture, Food and the Marine

Aquaculture Licensing Process: Department of Agriculture, Food and the Marine

3:30 pm

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank the officials for coming in and for their presentation today. It is a very timely meeting and it is important that we have it because it is crucial that the independent report commissioned by the Minister is moved on and that we see those recommendations acted upon and implemented. As I know, and Senator Mac Lochlainn and Deputy Pringle will know, there is potential in aquaculture, in my own county in particular - we are among the most impacted by it - for an increase in employment as a result of the development of oyster farms. There has been an increase in production and also the tremendous employment provided by Marine Harvest in the Fanad Peninsula in an area where there is not much other employment. There is much more potential there if we can get our licensing system motoring, renewals completed and new applications streamlined so that there can be prompt decisions. The Marine Harvest plan in Fanad is operating at well under its capacity. It does most of the processing for the rest of the country and could do much more but it is stymied by the fact that these licences have been on hold for the last period and the opportunity to expand is not there. There is an onus on us as the State to ensure that we push that forward.

I have a few questions on the independent review. One of its key recommendations is that an implementation plan would be published. The independent review was commissioned in December 2016 and it was published in May 2017. We are now in February 2018 and the implementation plan is not in place. Whatever about getting all the recommendations implemented, the actual plan as to how we will implement them has not been published or finalised. Although progress may be made on the recommendations, the key overarching plan has not been agreed. I know the witnesses have referred to the draft implementation plan. Is it possible for us, as committee members, to be privy to where that is, what the Department's position is and what the plan currently is? It is important that the 300 licences in 2018 and the extra 300 in 2019 are issued. I acknowledge the tremendous amount of work that will be involved in that for the Department. That will indeed be a significant objective for it. The Department is saying that there are 600 licences in hand at the moment to be renewed. How many have been renewed up to this point? In 2018 and 2019, we are talking about 300 each year. That is 600 renewals. What number of new applications are we talking about at the moment, or amended applications where an entity seeks to amend a licence it has been working off for the last years since the court decision?

I want to comment on and seek further clarity about two or three of the recommendations. Senator Mac Lochlainn and Deputy Kenny have touched on recommendation 8.1, which states: "A six month time limit should be set in which to determine a licence and that this should apply to all new licence applications submitted after January 1 2018." Are we in a position to achieve that for new applications? I presume that is for applications which are on hand but it indicates that we should achieve a six-month timeline for new applications as of now. Where are we with that? I know the witnesses commented that they feel the recommendations of the report relating to the six-month timeline may not be compatible with the legislative obligations that have to be met with regard to a licence application. Will they flesh out which parts of the licence application they believe are not compatible with that six month objective? Are there steps that we can take to try to ensure that compliance with the legislation becomes possible within the six months?

Recommendation 8.16 recommends that work should commence immediately on new aquaculture legislation. Has that work commenced? Where are we with that work and that new legislation? Recommendation 8.7 indicates that consideration should be given to assigning the licensing function to a new body. This is the first occasion we have had today to properly discuss that. Given that this independent report has been available since May, I think these issues need to be crystalised promptly with regard to fleshing out that idea. That feeds into the implementation plan and where we go with that. Following on from that, how many of the 30 recommendations does the Department agree with? That is not clear at this stage. The report is there but we do not know, point by point and recommendation by recommendation if the Department agrees with or intends to pursue them and bring them forward.

A comparison was made to Scotland. The Scottish industry has developed and expanded at a much faster pace than ours. There is a consideration there that, post-Brexit, if it leaves - we hope it does not, but it is making such a mess of it that there is a real possibility that it will not work out how we like - the current requirements, restrictions and regulations on the Scottish industry, for example, will be removed and it will be able to proceed at pace and develop even further. I know there is the European court decision which has tremendously impacted on our situation. What did the Scots do differently from us which has meant that they did not have similar court decisions against them and have been able to grow at a faster rate?

With regard to salmon fishing licences versus aquaculture oyster licences, for example, are salmon licences up for renewal? Are they all being included in that 300 this year and 300 next year? Does the Department wish to deal with all of them? Is there a differentiation in how it views those?

A significant body of work has been carried out about the appropriate assessments. Were there existing licences which fell outside of areas which required appropriate assessments or are we talking about appropriate assessments being required for all areas where licences were in place? Has the Department been able to continue to issue them in some areas which were not affected by the court judgment?

Senator Mac Lochlainn made a point about the newspapers. He indicated that it is dictated by law that there should be information in papers published in the vicinity of the area. Will the witnesses give us further detail on that? I believe people have been directed to certain papers before.

Is there a schedule of newspapers held by the Department which it provides to those making applications to outline which newspapers they are required to publish in? If so, is it possible to amend and update it? It is very important to develop the sector. It is also important that we take communities with us and that people have the opportunity to participate in the process. There have been issues and difficulties in Inishowen. Linsfort is a case in point where people did not feel they got that chance. It is very important there is a streamlined system.

On the foreshore licence applications, where are we at on the timeline involved? How promptly is it being dealt with?

Will Dr. Beamish comment on the Department's position on the oyster industry along Lough Foyle, given there is no jurisdiction over it?

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