Eamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

5. To ask the Minister for Agriculture, Food and the Marine his views on the planned increase in size and number of oyster farms in County Donegal; if an environmental impact assessment has been carried out; the local consultation that has been undertaken; and if he will make a statement on the matter. [5066/17]

Eamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

Speaking at the launch of the national planning framework, the Taoiseach stated that planning would be all about community and bringing the community with us. The Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, promised a new marine strategy. I understand the Minister recently approved applications for a large number of new aquaculture licences in County Donegal of which no one was aware. A single advertisement was placed in a newspaper in August and a notice placed in a Garda station was missed by members of the local community. To take the example of Gweedore Bay, there will be a 700% increase in the area being given over to oyster farming. This is a major issue for the local community. Why did the Minister not seek an environmental impact statement on the proposed development? How can he justify a planning approach in which the local community is not consulted?

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

All applications for aquaculture licences are considered by my Department in accordance with the provisions of the Fisheries (Amendment) Act 1997 and, in the case of marine aquaculture, the Foreshore Act 1933. The assessment process takes full account of all national and EU legislative requirements and reflects the full scientific, environmental, legal, public policy and engineering aspects of each application, including the specific production system proposed in each case.

On recent licensing decisions, my Department received a number of new aquaculture applications which relate to the cultivation of pacific oysters on Braade Strand, Gweedore Bay. These applications were considered by my Department in accordance with the applicable legislation which includes a period of statutory and general public consultation.

In the case of shellfish cultivation, an environmental impact statement is required if it is considered that the proposed aquaculture is likely to have significant effects on the environment. To facilitate this, my Department has established a screening group of officials drawn from my Department, the Marine Institute and Bord Iascaigh Mhara to advise on the environmental issues relating to each application by reference to national and EU environmental requirements. This procedure is adhered to fully in respect of all applicable licence applications. It was determined that an environmental impact statement was not required in the case of the applications in question and the reason for my decision on this aspect of the applications is published on my Department’s website.

A public notice in respect of the public consultation phase of the licensing process was placed in theDonegal Democratand the details of the applications were available for scrutiny by the public at specific Garda stations in accordance with the applicable legislation. Details of applications were also available on my Department’s website during the public consultation phase.

Following consideration of all aspects of the applications by my Department, it was determined that licences should be granted. A public notice of the decisions was published in the Donegal Democratin December 2016 and the reasons for them are set out on my Department’s website.

The legislation governing aquaculture licensing also provides for an appeals mechanism. Appeals against licence decisions are a matter for the Aquaculture Licences Appeals Board, ALAB, which is an independent statutory body. My Department understands that the board is in receipt of a number of appeals in respect of these licence decisions. As appeals are considered by the ALAB as part of a statutory process, it would not be appropriate for me to comment further at this time.

Additional information not given on the floor of the House

My Department is also considering a number of new licence applications and also applications for renewal of existing licences in this area. In some of these cases, the public consultation period is now closed. In all cases, a licence determination will only be made following consideration of the environmental, legal and public policy aspects of each case. As my Department’s examination of these cases is ongoing, it would not be appropriate for me to comment further on these cases.

The Deputy may be aware that I have established an independent aquaculture licensing review group which is currently holding a public consultation to invite submissions on matters relevant to the review. This public consultation will remain open until 10 February and I encourage all stakeholders to engage in the process and make submissions to support the group in its work.

Eamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

I cannot believe the Minister did not ask for an environmental impact statement on this occasion. In my constituency, a pedestrian zone proposed for College Green required an environmental impact statement. The site affected in Gweedore Bay, one of 45 locations where it was decided an environmental impact statement was not necessary, covers 99 acres and is the most sensitive and beautiful place in the world. County Donegal is the coolest county in the world and the airport at Carrickfinn, which was voted one of the most scenic airports in the world, is located directly beside Gweedore Bay.

It is an area of huge cultural importance in terms of the Irish language, fisheries and tourism. This is an incredibly sensitive site and a huge development. It beggars belief. I believe it will run counter to European regulations that an environmental impact statement, EIS, was not considered. Does the Minister have the scope to direct the appeals board that in this instance an EIS be carried out and to commence proper consultation on this matter. As I said, there was no consultation in this case because nobody saw the advertisement. This is not in line with the Taoiseach's statement today in regard to the need for proper community involvement.

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

If I had acted against the advice of the Marine Institute, my officials and Bord Iascaigh Mhara, Deputy Ryan would be the first to criticise me, and perhaps rightly so. In this instance, as is provided for in the process of assessment of applications, the advice was taken on board. The experts made their recommendations and I abided by them. I have no doubt that had I done otherwise the Deputy would be excoriating me for not having done so. It is important that when we appoint people with expertise and they give advice, we assess that advice and proceed accordingly. I brought my own independent assessment of that to bear and I am satisfied in that regard. There is an appeals process under way and so it would not be appropriate for me to comment further on this matter. I did take the advice of experts on board in this regard.

I also point out that prior to Christmas I appointed a three-person review group to review the aquaculture licensing process because I am convinced that it can be a better and more transparent system. While not wishing to hidebound the people who are charged with that responsibility, they are eminent people who bring a range of expertise to bear on this issue. It is unsatisfactory that some licence applications take several years to determine. We have a land-based planning system in respect of which applications can be determined in several months while licensing applications in this area often take several years. As I said, a review of the system is under way.

Eamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

I agree with the Minister that the system is deeply flawed and has been so for years. I have seen aquaculture licensing which beggars belief in terms of what was allowed to happen. As the Minister said, the process is not working for anyone. This community is not opposed to the development of oyster farming in the area, rather it is opposed to the scale of the proposed development without any proper consultation. The Minister's job is on occasion to say to the experts that he has a different political perception in terms of community involvement. The massive scale of development in Donegal on this site should have set alarm bells ringing for the Minister, even if the argument of the experts was to the effect that such developments have been always nodded through without an EIS. In this instance, the Minister should have stood up and said that was not in accordance with the new culture of consultation, openness and transparency in terms of protecting the environment. I do not know if the Minister has ever flown into Carrickfinn or spent time there as it is a long way from north-west Cork. There is no other site that is more important culturally, environmentally or otherwise. At the very least, an EIS should be carried out and there should be proper consultation on this matter. Hopefully, as a result of this debate the appeals committee will see sense and start that process so that the community is brought on board and we protect our very precious environment.

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

It would not be appropriate for me to comment in a way that would be seen to prejudice or influence the independent appeals board and I do not propose to do so. It is not the case that the advices that come to never recommend and EIS. The Deputy is aware of what happened in this instance.

Eamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

We are talking about a 99 acre site.

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In this case, the expertise was availed of and the advertisement process was complied with. Outside of the context of this specific application - as I said, I do not think it is appropriate to draw me into making a judgment on a matter that is before the independent appeals board - I have established a committee to examine the overall issue of licensing. It has carte blancheto examine all of these issues.