Pat Gallagher (Donegal South West, Fianna Fail)

I propose to take Questions Nos. 6 and 13 together.

The lost at sea scheme was introduced in June 2001, following consultation with the fishing industry representative organisations, to enable qualifying applicants under the scheme to receive replacement capacity in respect of fishing boats lost at sea between 1980 and the establishment of the fishing boat register in 1990. The closing date for receipt of applications was 31 December 2001.

Due to the obligation on Ireland to ensure that the capacity of the Irish fishing fleet did not exceed EU-determined capacity limits, the terms of the scheme were quite specific. All applications received were assessed in accordance with the terms of the scheme. The Department is currently engaged in correspondence with the Office of the Ombudsman regarding a specific application under the scheme. Pending the conclusion of this correspondence, I do not wish to comment on the Ombudsman's views. It would be improper of me to do so.

Due to changes in EU rules that have been introduced since the scheme was launched, it would not be possible to re-open it. The allocation of further capacity under the scheme would now be in breach of EU legislation in so far as vessels would be licensed and entered on the fishing boat register without the removal of equivalent capacity from the register. In addition, this EU legislation prohibits the re-introduction of fishing-boat capacity on the basis of the removal of capacity supported by public aid.

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