Conor Lenihan (Dublin South West, Fianna Fail)

I welcome the Deputy raising this evening the impact of fish migration at the weir in Fermoy, which is in the ownership of Fermoy Town Council. The Deputy's acknowledgement of the need to ensure adequate fish passage on the River Blackwater, in order to comply with our obligations under European law, is also to be welcomed.

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 the technical investigations undertaken subsequently, the town council was directed to reduce the barrier effect of the weir on the migration of certain protected fish species, in order to ensure compliance with the EU habitats directive. The council was also directed to ensure that the activities of the local rowing club were not adversely affected by the works necessary to ensure the passage of migratory fish.

On taking up responsibility for the inland fisheries brief, I reviewed the approach to resolving the barrier to fish passage at Fermoy. I was aware of the importance of making progress to deal with problems of fish passage and was anxious to avoid any further delays in this regard. Accordingly, I actively engaged with the town council and the local rowing club on the matter, in terms of how they considered their needs could also be met. I listened carefully to the arguments of the council and local rowing club and their strong view that an alternative to the rock ramp proposal would provide a viable solution to the issue of fish passage at Fermoy.

While the advice available to me differs from this position, having listened to the arguments of the council and rowing club, I agreed to afford the council, the owner of the weir, an opportunity to implement its preferred solution of repairing the existing fish passes on the weir. I have made huge efforts to go towards the council, the rowing club and other interests in Fermoy, including local Deputies, so that I can accommodate their obvious concerns in this area. I now urge them to continue to do and complete the works as directed. I would add that I also made it abundantly clear that if that solution did not work, then I would have no alternative, indeed no hesitation, in requiring the rock ramp proposal to proceed.

To give practical effect to my decision, I revoked the original 2006 direction and issued a new direction in December 2009 to the Fermoy Town Council under section 116 of the Fisheries (Consolidation) Act 1959. That direction required the council to undertake immediate repairs to the existing damaged fish passes in the weir in order 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 and the rowing club and having had the advice of the Attorney General, as the chief law officer to the Government, I came to the conclusion that affording the council an opportunity to explore its preferred solution of the repair of the existing fish passes was the appropriate immediate action. That was not an easy decision for me to make in the light of the technical and scientific advice I was being given by my Department. I have given the council every opportunity to act immediately and with speed to repair and make the relatively minor works envisaged by the repair of the existing fish pass.

See this speech in context