Éamon Ó Cuív (Galway West, Fianna Fail)
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91. To ask the Minister for Agriculture, Food and the Marine if Bord Iascaigh Mhara as licence holder, if granted, will be responsible for the insurance costs of the proposed fish farm in Galway Bay; if so the potential liability that would arise for the State; and if he will make a statement on the matter. [6341/14]

Éamon Ó Cuív (Galway West, Fianna Fail)
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In view of the recent storms and the implications they might have for the major fish farm proposed in Galway Bay, can the Minister clarify once and for all whether the issue of insuring the proposed fish farm in Galway Bay against all risks, including escapees, storm damage and so on, will rest with the operators rather than with BIM and the State?

Simon Coveney (Cork South Central, Fine Gael)
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The application by BIM for an aquaculture licence for the cultivation of finfish near Inis Oírr in Galway Bay was received by my Department in 2012. The application and its accompanying environmental impact statement are being considered under the provisions of the Fisheries (Amendment) Act 1997 and the Foreshore Act 1933, as amended. As the application is under active consideration as part of the statutory process, it would not be appropriate for me to comment further at this time.

I am on record as saying that the strategic approach in deep sea aquaculture development has the potential to deliver much needed jobs in coastal communities. However, it is important to note that, as Minister, I have two distinct roles in regard to applications such as these. I have a developmental role in seeking to enhance Ireland’s production of seafood and I have a quite separate regulatory role which requires me to reach a determination in respect of aquaculture licence applications based on the wider public interest and all relevant national and EU legislation. I take the division between these two roles very seriously in respect of all aquaculture licence applications and the distinction is always strictly observed.

Regarding liability, any commercial losses an operator might incur in regard to the operation of a salmon farm would be a matter for the operator in question. It would be a routine requirement that any person or organisation taking on an aquaculture licence would be responsible for ensuring the appropriate insurance cover is in place.

Should BIM be successful in obtaining a salmon farming aquaculture licence in Galway Bay, any operator of that licence will be required to put in place appropriate measures designed to ensure that no financial liability would arise for the State in respect of the operation of the site. I hope that is clear.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Is the Minister telling me that if the regulatory Minister, Deputy Coveney, grants permission to the developmental Minister, Deputy Coveney, for the fish farm in Galway Bay that the developmental Minister, Deputy Coveney, will make absolutely certain there is no potential liability to the State, directly or through BIM, for any risk that might ever arise on that fish farm? Is he further telling me that BIM will be utterly indemnified even though it will be the licence holder if the regulatory Minister, Deputy Coveney, gives permission to the developmental Minister, Deputy Coveney, for this particular fish farm? Is the Minister able to give an absolute assurance that there will be 100% indemnity against any risk to the State?

Simon Coveney (Cork South Central, Fine Gael)
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The Deputy is trying to create a problem where there is not one.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Minister is the one-----

Tom Hayes (Tipperary South, Fine Gael)
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Which Minister Coveney was Deputy Ó Cuív talking about?

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am getting confused myself. I am utterly confused.

Simon Coveney (Cork South Central, Fine Gael)
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It is not unusual for Ministers to aspire to develop an industry and also to have a regulatory function in terms of licensing. Unfortunately, the licensing system introduced by a previous Government, of which Deputy Ó Cuív was part, has caused us a great deal of problems.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Government can change it.

Simon Coveney (Cork South Central, Fine Gael)
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We are changing the system. We have done so. That is why we now have a template for aquaculture licences, which is something the previous Government could never do.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The law has not changed. The law is the same.

Simon Coveney (Cork South Central, Fine Gael)
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That is why we now have an agreement with the Commission about how this should be done. Unlike the previous Government, we are doing it.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Is the Government changing the law?

Simon Coveney (Cork South Central, Fine Gael)
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The system is not a problem. The system can function and will function. I have answered the question about liability. If there is a problem with any fish farm in this country, the operator of that project will need to have liability in place. That will be part of the usual licensing application and delivery process. The same will apply to the project that is under consideration if it gets the go-ahead. That is a big "if" because many considerations must be studied before any decision is made on the Galway Bay project.

Éamon Ó Cuív (Galway West, Fianna Fail)
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As the Minister has widened the question, can he give the House an indication of the timescale within which all of this consideration will be completed? Are we talking about another three months, six months or nine months? Can the Minister give us a ballpark indication of when a decision will be made?

Finian McGrath (Dublin North Central, Independent)
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When I met a group of residents from Galway before Christmas, they expressed major concern about the impact of this fish farm proposal on tourism in Galway Bay and the wider Galway city and county area. A second issue has arisen in the last week or so in light of the massive storms that have caused such damage along our coastline. Can the Minister give the residents a guarantee about the impact this fish farm would have on pollution and on those who use Galway Bay?

Simon Coveney (Cork South Central, Fine Gael)
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As I have said, this application is under consideration at the moment. I do not intend to debate the intricacies or details of this or any other application. The questions asked by Deputy McGrath must be answered in a very thorough way as part of that process, and they will be. I refer, for example, to the questions that have been asked about the engineering specifications that are required to deal with certain weather conditions. The farm on Clare Island, for example, has passed all the tests the weather has thrown up in recent months. Likewise, issues like pollution and tourism will be considered as part of this application. If all of these questions are not answered comprehensively, I will not grant a licence. If I decide to grant a licence, the appeals process will test the system all over again. That is why we have a system in place. We need to trust that system to make appropriate decisions on applications like this one.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Minister did not answer my question about the timescale for this process.

Simon Coveney (Cork South Central, Fine Gael)
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I suspect that it will be concluded in about six months time, but I am not sure.