Conor Lenihan (Dublin South West, Fianna Fail)

I thank Deputy Stanton for raising this matter. Protecting and enhancing our inland fisheries is a core objective of our inland fisheries strategy and a requirement of EU law under the habitats directive. In this regard, I welcome the matter of the weir at Fermoy being raised on the Adjournment. The weir is in the ownership of Fermoy Town Council. The council, which acquired the weir some years ago, is responsible, as are other weir owners, for the maintenance and upkeep of the weir. Following a complaint to the European Commission and technical studies taken thereafter, the town council is aware of the need to reduce the barrier effect of the weir on the migration of certain protected fish species, including salmon and lamprey, to ensure compliance with the EU habitats directive.

Since taking up responsibility for the inland fisheries brief, I reviewed the approach to resolving the barrier to fish passage at Fermoy up to December 2009. I was anxious that progress be made to deal with problems of fish passage and actively engaged with the town council on the matter as well as the local rowing club and angling interests in terms of how their needs could also be met. I listened carefully to the strong arguments of the council, local rowing club and anglers, that an alternative to the rock-ramp proposal would provide a viable solution to the issue of fish passage at Fermoy.

While the technical and scientific advice to me differs from this position, having listened to the arguments of the council and rowing club, I agreed to afford the council - which is the owner of the weir - an opportunity to implement its own preferred solution of repairing the existing fish passes on the weir. I also made it abundantly clear that if that solution did not work, I would have no alternative - indeed, no hesitation - in requiring the rock-ramp proposal to proceed.

To give practical effect to my decision, I exercised my power to revoke the original direction issued in 2006, in favour of the order given to the Fermoy Town Council, under section 116 of the Fisheries (Consolidation) Act 1959, to undertake immediate repairs to the existing damaged fish ladder situated in the weir to reduce the barrier effect of the weir on migratory fish species.

In light of my discussions with the European Commission authorities, having listened to the council, the rowing club and the anglers - and having had the advice of the Attorney General, as the chief legal adviser to the Government - I came to the conclusion that affording the council an opportunity to explore its preferred solution to repair the existing fish ladder is the appropriate immediate action. This will obviously need to be monitored closely from a fish passage perspective. I hope the council will work closely with local or regional fisheries officers to ensure that the optimum result is obtained. All parties involved must, however, appreciate that Ireland is a member of the European Union and thus committed to meeting its responsibilities under EU law, including obligations on biodiversity, and in particular to protection of species and habitats under the habitats directive.

I have created an opportunity for the council to demonstrate that its preferred solution to repair the fish pass offers a viable solution to the issue of fish passage at Fermoy. This opportunity has been provided to the council notwithstanding the technical advice to me and it is now a matter for Fermoy Town Council, the owners of the weir, to implement its proposals and monitor their effectiveness. In creating this opportunity, I stress there is no dilution of Ireland's commitment to meeting its responsibilities under EU law, including obligations on protected species under the habitats directive.

The effect of the repairs proposed on fish migration will be closely monitored and if the required improvement in fish migration is not achieved, I will not hesitate to direct the town council to undertake further major works.

I understand that the works on the weir do not contribute to the separate flood relief project. The costs are therefore not attributable or appropriate to that project, which is being funded and managed by the Office of Public Works.

The onus rests with the local authority to maintain the structure it values and protects so zealously, in the same way that it funds and maintains other important infrastructure in its ownership.

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