Pat Gallagher (Donegal South West, Fianna Fail)

I will certainly not hide behind any directive but I am advised, because this is an initial step in possible infringement proceedings against us, that the matter remains sub judice and that I cannot therefore comment on the exact details of the response at this time. It may well be that the European Commission is prepared to give that information but, from my experience of it, I doubt that very much because it could prejudice any case that may be taken. In 2003, the EU Commission, that is, the Directorate General Environment which deals with the Habitats Directive, first notified the Irish authorities of complaints received from a UK source which contend that Ireland's approval level of drift-net fishing for Atlantic salmon represented excessive exploitation which was affecting the number of salmon returning to the rivers.

The Commission has received a complaint but it will not take a decision until it has all of the information. The Commission asked the Department of the Environment, Heritage and Local Government to respond. We have worked closely on this. One of the officials in the Department of Communications, Marine and Natural Resources was in Brussels recently and that official, in conjunction with the Department of the Environment, Heritage and Local Government's section dealing with the Habitats Directive, responded. In both our response and in our discussions with the Commission to date, we clearly outlined the management regime in place and how our policies and strategies are in keeping with our obligations under all of the relevant EU legislation. I will not waste the time of the House because Deputy Ryan knows well the steps that have been taken and it is not necessary to elaborate on this. If there is any further information I can give the Deputy or the House without affecting the sub judice aspect of this, I will be glad to provide it.

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