Dáil debates

Tuesday, 1 December 2009

Inland Fisheries Bill 2009: Second Stage

 

10:00 pm

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)

No, we said there would be no increase in staff numbers in the inland fisheries sector. Given the embargoes in place at the moment, it is quite likely that there will be fewer people working here than more.

I take this opportunity to stress that the terms and conditions of existing staff will not be lessened and the House will note that there is specific provision in the Bill to ensure that this is the case. I recognise the energy and commitment of the competent inland fisheries workforce. It is important that this energy is harnessed to enable the sustainable exploitation of the resource.

There are no Exchequer costs associated with this Bill. The reduction in board members alone, which I mentioned earlier, will bring about initial and immediate savings of some €300,000 per annum. Furthermore, there is potential for additional savings and a better use of existing resources as a result of the replacement of the Central Fisheries Board and seven regional fisheries boards with a single body and the elimination of the National Salmon Commission and eight fisheries co-operative societies. The House will appreciate that it is difficult to quantify these saving as they will occur over time. I expect them to be delivered.

The McCarthy report suggested potential for savings of €4 million from this restructuring and while it does not set out a detailed regime for bringing about such savings, this new body will, from the outset, have a clear focus on efficiency and value for money.

I now propose to outline the main provisions of the Bill. For the convenience of the House a detailed explanatory memorandum has been published and this provides a synopsis of the provisions. The Bill consists of 80 sections and five schedules. Its single purpose is the establishment of Inland Fisheries Ireland. However, for the purposes of better regulation, a number of existing provisions of the legislation governing inland fisheries management are restated.

The restated provisions are unaltered apart from changes to ensure that they apply to Inland Fisheries Ireland and some minor drafting amendments. This ensures that as many provisions as possible pertaining to the new body are contained in a single statute to make it easier for those referring to the legislation. Part 1 contains standard provisions dealing with definitions, repeals and expenses connected with the Bill. Section 5 provides that Inland Fisheries Ireland will be established on a day determined by the Minister by Order.

Part 2 sets out the provisions governing Inland Fisheries Ireland and transitional arrangements required to ensure the smooth changeover to the new structures. Inland Fisheries Ireland will assume the functions of the existing central and regional fisheries boards and in addition will undertake a number of new functions which are set out in section 7.

The principal role of Inland Fisheries Ireland will be the protection and conservation of the State's inland fisheries resource. It will also be required to promote, support, facilitate and advise the Minister on the conservation, protection, management, development and improvement of inland fisheries, including sea angling. In addition, Inland Fisheries Ireland will be expected to take a greater role in the development of policy and national strategies relating to inland fisheries and the implementation and delivery of such strategies.

In recognition of the need and the value of stakeholder participation in the sector, provision has been made in section 7 for the establishment of a national inland fisheries forum. Inland Fisheries Ireland will also become responsible for the establishment of a standing scientific committee which will advise on technical and scientific matters relating to the management of the State's inland fisheries resource. This replaces the standing scientific committee established by the National Salmon Commission. Section 7 also ensures that Inland Fisheries Ireland has the necessary powers for the continuation of the issuing of licences and striking of rates in accordance with the existing fisheries legislation.

Section 8 ensures that all of the functions conferred on the central and regional fisheries boards under the existing statute are transferred to Inland Fisheries Ireland on the establishment day. Section 9 provides that Inland Fisheries Ireland will manage and report its business on the basis of river basin districts defined for the purposes of the European Water Framework Directive. This section allows for the modification, by order, of this arrangement if necessary. I have already set out the reasoning behind this approach.

Section 12 sets out the membership and method of appointment of members to Inland Fisheries Ireland. The Bill provides that it will have a board of nine people. The chairman and two others will be appointed on the Minister's nomination, two will be appointed on the nomination of the Ministers for the Environment, Heritage and Local Government; and Community, Rural and Gaeltacht Affairs, while one will be a staff representative appointed following an election process. The remaining three will be appointed having regard to the advice of the Joint Committee on Communications, Energy and Natural Resources. This follows the approach adopted in the Broadcasting Act 2009. In addition, it is proposed to include the CEO as an ex officio member of the board as is standard practice in State agencies.

I have long maintained that the board should be small and contain a strong focus relevant to the business of Inland Fisheries Ireland and to the general issue of good corporate governance. The provisions in the Bill achieve this. This is of particular importance given the significant annual budget for which the new body will be responsible. The Bill provides that potential appointees to the board must have had experience of or have shown capacity in one or more of a number of areas, including recreational fisheries, angling, commercial fishing and ownership of fisheries.

These competencies are no more or less important than the other competencies listed in the Bill, such as business or commercial affairs, environmental or biodiversity matters and legal or regulatory affairs, all of which are essential to effective stewardship of a State-sponsored body. It is my intention that members appointed to the board will have the necessary expertise and competencies to lead Inland Fisheries Ireland to fully deliver on its potential.

Section 13 sets out the procedures for the election of a staff representative to the board of Inland Fisheries Ireland. Section 14 makes provision in relation to the term of office of members to Inland Fisheries Ireland and provides for a system of rolling appointments. This should ensure that the corporate knowledge of the board is preserved at all times while also bringing fresh ideas and faces to the boardroom. Sections 15 to 22 set out the usual best practice procedures in relation to the board including, conditions of office, removal of members from office, resignations, casual vacancies and meetings and procedures of the board. Sections 23 to 27 make provisions with regard to the CEO of Inland Fisheries Ireland and provide for the delegation of the functions of the CEO to other staff members and the further sub-delegation of such functions. Sections 28 and 29 provide that the CEO shall be accountable to the Committee of Public Accounts and to all other committees of the Oireachtas.

Section 30 makes provision in relation to the appointment of employees to Inland Fisheries Ireland. Section 32 contains standard provisions relating to superannuation. Section 33 restates the equivalent section of the Fisheries Act 1980 and provides for the preparation by Inland Fisheries Ireland of a staff scheme for the regulation, control and management of its staff. Sections 35 and 36 contain standard provisions dealing with standards of integrity and unauthorised disclosure of confidential information. Standard provision is also made in sections 38 to 44 in respect of corporate plans, estimates, grants, accounts and audits applicable to Inland Fisheries Ireland.

Sections 45 to 53 set out the transitional arrangements for the changeover to the new structure and provides for the dissolution of the central and regional fisheries boards. Provision is made for the transfer of property, assets, rights and liabilities, including superannuation liabilities, to Inland Fisheries Ireland and to ensure that existing contracts, agreements and arrangements remain in force.

Section 46 facilitates the transfer of employees of the existing boards to Inland Fisheries Ireland on terms and conditions of employment no less favourable than those enjoyed immediately prior to the transfer. Employees of Inland Fisheries Ireland will be covered by a broad range of employment protections under employment law. Sections 52 and 53 require Inland Fisheries Ireland to prepare final accounts and a final annual report in respect of the central and regional fisheries boards.

Part 3 restates existing provisions of fisheries legislation which deal with the administration of inland fisheries. These provisions remain unchanged apart from some minor drafting amendments and necessary changes to ensure that they apply to Inland Fisheries Ireland. In section 54, which restates provisions dealing with the by-law making powers of the Minister, the value of fines applicable for breaches of by-laws have been increased in accordance with the consumer price index to bring them into line with current values.

Part 4 restates a number of provisions of the Fisheries Act 1980 dealing with offences and legal proceedings under existing fisheries legislation. Again, monetary penalties have been increased in accordance with the consumer price index to ensure they are in line with current values.

In most cases, the fines were set in 1980 and have not been changed since.

Section 77 restates the equivalent section of the Fisheries (Amendment) Act 2000 which put in place a regime of on-the-spot fines for minor inland fisheries offences. The existing provisions have been amended slightly in order to allow that different amounts can be prescribed in respect of different offences. Part 5 restates certain provisions of the Fisheries Act 1980 that deal with miscellaneous matters, including powers of the Minister in operating a fishery. There have been no changes introduced other than to ensure the provisions apply to inland fisheries Ireland.

There are five Schedules to the Bill. Schedule 1 sets out the repeal of existing fisheries legislation. Schedules 2 and 3 detail amendments to existing statutes and statutory instruments, which ensure that references to the central and regional fisheries boards are appropriately changed. Schedules 4 and 5 restate the Fifth Schedule to the Fisheries Act 1980 and the schedule to the Fisheries (Amendment) Act 2000, respectively.

In conclusion, this Bill is an important measure in delivering new management structures for the inland fisheries resource. The inland fisheries management must be equipped for the challenges of the future at a time of public sector reform. I am determined that every opportunity must be availed of to effect economies and attain efficiencies from within the system to deliver further value for money against the significant Exchequer investment in this resource. That said, I wish to safeguard the inland fisheries resource in the face of significant upheaval caused by demands of contemporary 21st century society for spatial development and economic progress, past excesses in exploitation of stocks and impending climate change factors.

I wish to take this opportunity to put on the record of the House my appreciation for all those who have served on the existing boards and for their dedication and commitment to our national resource. I am sure they will continue to play a valuable role and know we all share the best interests for the future of the sector.

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