Seán Sherlock (Cork East, Labour)
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This issue boils down to some simple facts. Fermoy Town Council has been instructed to fix a fish pass on the River Blackwater in Fermoy to adhere to an edict from the European Commission handed down on foot of a complaint by persons or bodies unknown on the matter of the impediment to fish swimming up river west of Fermoy. The local council does not have the means to pay for the repair of the fish pass, which is protected and which the council owns. The estimated cost of repair is €100,000. The Department is unwilling to cover the cost of the repairs. Last Christmas, the Minister of State, Deputy Conor Lenihan, gave Fermoy Town Council until the end of 2010 to repair the damaged fish pass at Fermoy weir to become compliant on foot of the complaint to the EU Commission.

The Southern Regional Fisheries Board, which may or may not have been the originators of the complaint and which favours the replacement of the weir with a rock ramp pass, when asked through a freedom of information request about its involvement in the matter informed the secretary of the Rowing Club, Mr. Donal O'Keeffe, that old files were destroyed in a flood in 2009. In the meantime, the Minister of State, Deputy Conor Lenihan, informed Fermoy Rowing Club last week that he is deeply concerned no progress has been made in the past six months. He went on to indicate that the rock ramp would definitely happen if Fermoy Town Council does not repair the fish pass. When informed that the council has no money to effect these repairs, the Minister of State made it clear it is the duty of Fermoy Town Council, as owners of the weir, a protected structure, to find the money somewhere. The Minister said that he cannot give them money towards the cost of repairs to the fish pass. However, the Government, of which the Minister is a member, is willing spend a multiple of €100,000 in order to install a rock ramp pass at the behest of the Southern Regional Fisheries Board

Incidentally, there is no indication that the EU Commission has instructed the Government to install a rock ramp pass but it was satisfied that the repair of the fish pass was sufficient. In the meantime, we still do not know how many salmon are moving up river, because there is no fish counter in Fermoy town.

We all want to see fish being caught on the rod, and I do not particularly wish to see the Duke of Devonshire taking the lion's share of the spoils below in Clondulane weir, but we must ensure that there is a balance struck between ensuring that fish have safe passage and guarding the future of the rowing club.

Let the Government assist with the cost of the repair of the fish pass and install a fish counter in Fermoy. Let common sense prevail.

Conor Lenihan (Dublin South West, Fianna Fail)
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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.

Seán Sherlock (Cork East, Labour)
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What about the cost arguments?

Conor Lenihan (Dublin South West, Fianna Fail)
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If that is done, there is every chance the rowing club and all of the local interests, political and otherwise, can and will be satisfied. If people do not move quickly, I, given my EU obligations, will have no option but to act in the other direction, which is where the technical and scientific advice is leading me.

All parties involved must, however, recognise the conservation imperative here in our management of salmon stocks and appreciate that Ireland is a committed member of the European Union. We are equally dedicated to meeting our responsibilities under EC law. I have created an opportunity for the council to demonstrate that its preferred solution of repair to the fish passes offers a viable solution to the issue of fish passage at Fermoy.

I flew directly to Brussels to consult with the EU Commission on this matter. I am satisfied, given the advice I have received from the Commission and the Attorney General, that we have an opportunity here. The council's most favoured option, and that of many local interests, to repair the fish pass can and should be executed but it should be executed quickly. Further delay will not be helpful. It is now a matter for Fermoy Town Council, the owners of the weir, to implement its proposals in 2010 and monitor their effectiveness. In creating this opportunity, I would stress that there is no dilution of Ireland's commitment to meeting its obligations in relation to 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 have made it clear that I will not hesitate to direct the town council to undertake further major works. I will be seeking a progress report from the town council on this matter.

I have always made it clear that the work was to be undertaken without delay and have urged the council to seize the opportunity that I have presented, as further delays in addressing this issue will not be acceptable. I am acutely aware of Ireland's obligations under the habitats directive and our reliance on the town council to provide the for improved fish passage on the River Blackwater. I am anxious that the repair works should be carried out as soon as possible in 2010.

I thank the Deputy for raising this matter again. Whatever about the protestations and claims of not having resources, the town council should go ahead with the relatively minor works. The other works are extremely expensive.

Seán Sherlock (Cork East, Labour)
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Even minor works are unaffordable to the town council. The Minister of State's response is wholly inadequate and quite disingenuous.

Conor Lenihan (Dublin South West, Fianna Fail)
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I must respond to that. I have moved hugely and extraordinarily to assist the people in Fermoy. I have spoken to them directly. It is now up to them to deliver.