Dáil debates

Wednesday, 3 May 2017

Inland Fisheries (Amendment) Bill 2017: Second Stage (Resumed)

 

10:05 pm

Photo of Seán KyneSeán Kyne (Galway West, Fine Gael) | Oireachtas source

I thank the Deputies who have made contributions this evening and before the Easter recess on this important legislation and on issues relating to fisheries. All speakers today and the previous day commented on the importance and value of the fishing and angling sector to the economy. Prior to the recess Deputies Dooley, Niamh Smyth, Eugene Murphy, Lawless and Stanley raised the issue of the value of inland fisheries, and the importance of development to encourage economic activity and tourism especially in rural locations.

Deputy Smyth referred to the study commissioned by Inland Fisheries Ireland, IFI, to assess the participation rates in angling and its economic value. I am pleased that IFI had the foresight to commission the study, Socio-Economic Study of Recreational Angling in Ireland. It is the most comprehensive study of the angling sector ever undertaken in Ireland and was carried out by Tourism Development International, TDI, an internationally-renowned specialist consultant. As speakers today mentioned, the study indicates that angling contributes €836 million to the national economy and supports 11,000 jobs mainly in rural and peripheral communities. Almost uniquely to any economic sector, the vast majority of the spend on angling remains within the local community. The publication of the study established the important economic contribution of angling to the Irish economy and places it firmly at the top of economic and social benefit in rural and coastal communities.

On foot of the study's conclusions and the clear identification of the development potential of the sector, IFI set about establishing the national strategy for angling development. This strategy is the first comprehensive national framework for the development of our angling resource. It aims to increase the economic contribution of angling to €932 million per year and increase employment by more than 1,800 jobs. Inland Fisheries Ireland is already investigating the full array of potential funding sources. I am happy to confirm our commitment to development and to report that my Department provided €500,000 for funding support for the national strategy for angling development in 2016. IFI reviewed project applications based on this funding. I announced approval for the first €500,000 of investment for 50 community-led projects nationwide in December last. I have also secured an additional €1.5 million for national strategy investment for this year and further tranches of project funding will be announced this year. In addition, IFI has secured funding of €536,000 from the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs under the Action Plan for Rural Development which, critically, will also support the national strategy.

The strategy identifies three high-level strategic objectives: making angling accessible and attractive through information, infrastructure and support, something Deputies O'Dowd and Calleary mentioned; tourism development through promotion of our angling resource; and recognition of angling as a key leisure and recreation pursuit. The strategy aims to develop our angling resource sustainably through balancing the economic, environmental, social and cultural aspects of any development in line with IFI's responsibilities for the protection, management, conservation and development of Ireland's inland fisheries and sea-angling resources.

The strategy is intended to deliver a wide-ranging set of investments, innovations and promotions over the coming years to deliver considerable benefits in terms of employment, tourism, and health and well-being, particularly in rural areas. Effective and sustainable implementation of the national strategy, delivered together with local and national stakeholders, will ensure stability of existing jobs and businesses reliant on angling and the creation of new jobs as the economic impact of angling grows. This will ensure that Ireland's fish stocks and angling infrastructure are protected and enhanced for both their economic value and their recreational benefit to the communities and visitors they serve across Ireland.

A number of Deputies, including Deputies Stanley, Penrose, O'Dowd and Fitzmaurice, raised the issue of eels. Ireland's eel management plan under EU Council Regulation No. 1100/2007, which included a closure of commercial fishing, was approved by the European Commission in 2009. Ireland's eel management plan and its conservation measures were reviewed in 2012 and again in 2015 in accordance with the EU regulation. Both reviews involved an examination of the latest scientific data and the conservation measures, the results of which were the subject of public consultation processes. Based on management advice from Inland Fisheries Ireland and having considered all aspects of the 2015 review, the existing conservation measures remain in place up to mid-2018 at which time a further review is required.

IFI has been given funding for a new collaborative research initiative involving IFI scientists and a number of former eel fishermen to further develop national knowledge of the species and its medium to longer-term potential for recovery. This scientific initiative was commenced in 2016 and is expected to continue for three years to increase data and knowledge ahead of further review of eel management measures in 2018.

The latest advice from the International Council for the Exploration of the Sea, ICES, for 2016 published October 2015 is that:

...the status of eel remains critical and that all anthropogenic mortality (e.g. recreational and commercial fishing, hydropower, pumping stations, and pollution) affecting production and escapement of silver eels should be reduced to - or kept as close to - zero as possible. There is no change in the status of the stock as being critically endangered.

While I fully recognise the difficulty facing eel fishermen, there is no property right attaching to public eel licences and the issue of compensation does not arise.

However, consideration is being given to the possibility of a hardship scheme within the 2018 Estimates process. I would caution, however, that such consideration, as Deputies will be aware, will be against the background of competing requirements from all Departments as part of the Estimates process. That request is presently with the Department of Public Expenditure and Reform.

As Minister of State with responsibility for the inland fisheries sector, I wish to make sure that Inland Fisheries Ireland is fully enabled to enforce the inland fisheries Acts, thereby ensuring the conservation and protection of Ireland’s inland fisheries and sea-angling resources. As I have already outlined, all prosecutions brought by Inland Fisheries Ireland under the fisheries Acts for which proceedings have been initiated cannot proceed. I know a number of Deputies have commented on this. Deputies Pringle, McGrath and Fitzmaurice all raised this issue. In February of this year, the advice was received by the Department from the Office of the Attorney General in the course of a review of the Inland Fisheries Act 2010. The Department advised Inland Fisheries Ireland of the relevant position. Effectively, the advice was that it was not considered sufficient to amend the Inland Fisheries Act 2010 to confirm the power to prosecute as this power had not been explicitly transferred to Inland Fisheries Ireland under the 2010 Act. An explicit power to prosecute should instead be included in Part 4 of the 2010 Act as a matter of priority. It should be noted that anyone who commits an offence is still liable to be prosecuted under the Act and that amending legislation is being pursued as a matter of urgency. That is what we are here for today.

Most of Inland Fisheries Ireland's roughly 150 pending prosecutions cannot proceed. That is regrettable. Inland Fisheries Ireland prosecutions that are currently in the courts system will have to be withdrawn on a case-by-case basis and have been over the past number of weeks. However, there will be no implications for persons already convicted who have not appealed their convictions within the statutory appeal period. When I first learned of this, I had two initial concerns. I was concerned that it could be a free for all and people could go out poaching in the morning. Thankfully, that is not the case. I also expressed the view that Deputy Pringle and others expressed on cases in which prosecutions have already taken place. I repeat the advice from the Office of the Attorney General that there will be no implications for persons already convicted under the 2010 Act who have not appealed their convictions within the statutory appeal period. That is the advice coming from the Office of the Attorney General. I appreciate that Deputy Pringle might not agree with it. I do not have a legal background, but that is the advice from the Office of the Attorney General.

With regard to the issue of the Gweebarra case raised by Deputies Pringle and Ferris, I note the assertions they have made. I am advised that the legal matter referred to is for Inland Fisheries Ireland. The matter is before the courts, so it would not be appropriate for me to comment. However, the State's records would not concur with Deputy Pringle's assertions that the State has no title to the fishery. On that basis, the State is defending its title.

Deputy Calleary raised a number of issues. Thankfully, the Moy is still the finest salmon river in Europe, if not the world. That has not changed. Unfortunately, it has been reduced-----

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