Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context

Question 5: To ask the Minister for Communications; Energy and Natural Resources in relation to oyster dredging licences issued recently for Lough Swilly in County Donegal, his views that it is acceptable that Inland Fisheries Ireland do not ensure that the licencee has a commercial sea fishing licence in place for their vessel when issuing the licence even though it is a requirement of the licence that the licencee have an appropriately licensed vessel; and if he will make a statement on the matter. [2977/12]

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Inland Fisheries Ireland, IFI, is the agency responsible for the issuing of oyster dredge licences under the 1959 Fisheries (Consolidation) Act. As the Deputy will appreciate, there are other consent processes required in order to engage in commercial oyster fishing. IFI does not have any powers in this regard but does ensure that licences are issued to established oyster fishermen.

Prior to granting of an oyster dredge licence, applicants must satisfy the fishery district inspector that they have a suitable boat, capable of operating a dredge, and a dredge. In addition, all vessels engaged in commercial fishing need to be licensed and registered as sea fishing boats with the Department of Agriculture, Food and the Marine.

Section 278 of the 1959 Act is very prescriptive and does not provide any discretion for IFI in the issuing of licenses. I am advised that IFI believes that if it were to refuse to issue a licence on the basis of the applicant not having completed other consent processes, it would be acting ultra vires.

It has always been the responsibility of each applicant to ensure compliance with the full consent processes in order to validate operations in regard to the oyster dredge licence.

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context

That response defies belief. If one wants a taxi licence, one must have a driving licence to drive a car. The Taxi Regulator does not issue one with a licence and ascertain afterwards whether one has a driving licence.

The licensing criteria state, "No licence will be issued until such time as the applicant who has initially been deemed appropriate for receipt of a licence presents himself with his appropriately licensed boat and dredge to a nominated Inspector of IFI". Despite this, IFI has confirmed to me that it will take no interest in whether a licensee has a commercial sea fishing licence. It states it is a matter for the Sea Fisheries Protection Authority to decide that. The latter has confirmed that, in order to operate with an oyster fishing licence, one must have a commercial sea fishing licence and meet all the associated requirements.

My information indicates there may be some licensees operating in Lough Swilly who do not have the required commercial sea fishing licences. A system that does not verify that licensees meet the basic requirements for operating on the sea is bad. It does not make any sense and is suggestive of maladministration within IFI. In effect, what is occurring on the ground is that people with adequate vessels who cannot obtain licences are being set against people with inadequate vessels who can obtain licences. This does not make any sense. To hand over responsibility for policing the system to the Sea Fisheries Protection Authority does not make any sense either. I urge the Minister of State to ensure that IFI operates a fair and transparent system and that people with adequate commercial sea fishing licences can obtain oyster fishing licences in a proper manner.

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

IFI does operate a fair and transparent licensing application system. The key point is that only those whose main income is from oyster fishing will get the licence. They must show a record to this effect. Account is taken of oyster fishing activity in each of the preceding five years, and this has a bearing on the grade of licence. One must have a boat and the correct dredge. IFI ensures this and does so very well. The Deputy pointed out that the anomaly in the law is that the Department licenses other types of mollusc fishing, including fishing for clams. We are trying to consolidate all the fisheries legislation. While I cannot make any promises, I will consider the point raised by the Deputy, namely, that the Department should be doing the job in question rather than IFI, which carries out its special responsibility fully and well with no maladministration whatsoever. It is clear, transparent and open.

The number of licences to be issued this year will be 24. The number last year was 22 and it was 16 the year before. The number of licences issued has been increasing but this is based on the capacity to allow people to fish in the area in question, on the grounds that they have due regard for EU habitats directives.

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context

I accept what the Minister of State is saying but if the law is wrong, it needs to be changed very quickly. The least fishermen should expect is that they should all be operating on a level playing field.

While I fully accept the requirement to restrict the number of licences, people should be able to and expect to apply on a fair and equal basis. If the law is wrong, it needs to be changed.

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

The existing process allows for appeals. If one is refused a licence, one can appeal to the fishery officer, then at district level and finally a higher level. There are, therefore, three levels at which one can appeal. If one has been sick and submits a genuine written account stating one could not possibly have fished in the preceding years, this is taken into account. The system is fair. We will take on board all the views expressed by the Deputy when we are reviewing the legislation this year.