John Perry (Sligo-Leitrim, Fine Gael)
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Question 85: To ask the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the fact that Ireland's seed mussel industry is in danger of collapse as a result of a 40 year old agreement, which is being abused by outside interests to give reciprocal fishery rights to fishermen from Northern Ireland and the Republic in the two jurisdictions outside their exclusive fishery limits as the Northern Irish authorities have registered vessels from other European countries; if his attention has further been drawn to the fact that this practice is proving disastrous for Irish mussel seed farmers and action must be taken to stop same; the reason this practice is still continuing without any legal basis; if he has held talks with mussel farmers on this issue; if his attention has further been drawn to the disastrous effect this practice is having on mussel farmers here; and if he will make a statement on the matter. [34716/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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Mussel seed is a naturally occurring resource that requires a management and development strategy to maximise the potential return and ensure sustainability of the stock.

Access arrangements to Irish and Northern Irish waters are governed by the Voisinage Agreement, a neighbourhood agreement formally recognised under the London Fisheries Convention and adopted as far back as March 1964 by 13 European states, including Ireland and Northern Ireland.

To participate in the mussel seed fishery, operators are required to be licensed by their respective jurisdictions. My Department has sought, and received, assurances from the Department of Agriculture and Rural Development in Northern Ireland, DARD, that all licences issued by it have been in compliance with the Voisinage Agreement. DARD has advised that it issues licences to operators who have licensed aquaculture sites in Northern Ireland waters and in respect of vessels registered in Northern Ireland.

I have consistently invited the industry to participate in the management process for mussel seed. I strongly believe that stakeholders must be actively involved in fisheries management. I support the management of fisheries and believe that it is vital that all stakeholders are involved. In answering Deputy Perry, I take the opportunity to call on the industry once again to become involved in that management process. I consider such participation a priority for the future management of this important resource. While industry representatives have not yet agreed nominations to the management committee, I welcome the informal engagement that took place before the start of this season's fishery. I urge the industry fully to participate in managing this resource and ensuring a sustainable future for it.

John Perry (Sligo-Leitrim, Fine Gael)
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Mussel farming constitutes Ireland's premier single-species fishery and in 2004 mussel seed production reached 30,000 tonnes, being valued at €22.5 million. The Voisinage Agreement was drawn up in 1964 to confer reciprocal fishing rights on fishermen from Northern Ireland and the Republic outside their exclusive fishery limits. Is the Minister of State not disappointed that it is only a reciprocal agreement without more co-operation?

There seems to be total anarchy with regard to development. This agreement is set down in an exchange of letters and has no basis in law. The Minister of State said that in March he had asked the mussel seed industry to participate in the seed mussel assessment committee, SMAC. To date, industry representatives have not made nominations. Does the Minister of State feel that further action is now needed to move this on? Hitherto, no representative bodies became involved. Will the Minister of State take decisive action to achieve active participation by setting up a new structure to deal with this very serious problem?

Pat Gallagher (Donegal South West, Fianna Fail)
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If we are to make progress on this issue, the most positive step that could be taken depends on the industry, which I have invited to nominate representatives to the management committee. They would have an input into SMAC, which advises and makes recommendations to DARD in Northern Ireland and the Department of Communications, Marine and Natural Resources. It has an input into the management and exploitation of the seed mussel resource. This important committee comprises representatives from the two Departments, as well as Bord Iascaigh Mhara, the Loughs Agency, and the cross-Border aquaculture initiative. SMAC processes and assesses applications for allocations of mussels and advises DARD and my Department. It also makes recommendations to the Departments regarding the opening and closing of the fishery.

In short, I believe that the most positive step that we can take is to have a representative or representatives on the management committee. I fully agree with Deputy Perry on the great importance of the industry, which has grown over the years and provides much-needed income for those fishing that resource North and South.

John Perry (Sligo-Leitrim, Fine Gael)
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Does the Minister of State agree that SMAC has failed, despite the fact that it has representatives of all State authorities on it, if it has not instilled enough confidence in people for them to nominate to it? Will the Minister of State set a limit of a few weeks from today for participation, after which he will take decisive action? If he fails to do so, he will do the entire industry a grave injustice. The Minister of State mentioned last March, but this is the end of the year and we are now going into 2006 without anything having happened. At the same time, seed mussels have created a great deal of potential and are one of the biggest generic industries in the State. Cross-Border co-operation is also relevant here, since British vessels are flouting the law. People entitled to fish in the Irish Box are receiving no support since it is not in any way reciprocal.

The industry representatives say that SMAC is not a legal entity and that they do not recognise it. What does the Minister of State say to that?

Pat Gallagher (Donegal South West, Fianna Fail)
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There was an exchange of correspondence between the Department and several stakeholders, both individually and collectively, and the view they take is that it is not a legal entity. The advice that I have received is that it is legal and that we are bound by the March 1964 Voisinage Agreement.

I do not know what the best decisive action on my part might be. However, I would have the support of all sides of the House in inviting the industry to become involved in SMAC. That would certainly move the agenda on. I fully agree with Deputy Perry that the mussel seed allocation is extremely important. In 2004, allocations totalled 36,900 tonnes and the uptake amounted to 20,700 tonnes. Production of mussels from that seed on Irish aquaculture sites amounted to 28,000 tonnes, valued at €21 million, making it extremely important to in-shore fishermen. At the expense of repeating myself, I want to see the industry participate. No management regime can make progress without all stakeholders being involved.

John Perry (Sligo-Leitrim, Fine Gael)
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What about the Attorney General's advice?

Pat Gallagher (Donegal South West, Fianna Fail)
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I will supply it to the Deputy.