Pearse Doherty (Donegal, Sinn Fein)
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Táim iontach buíoch den Dáil go bhfuil seans againn é seo a phlé tráthnóna inniu. There is huge anger and disbelief within the communities of Cloughaneely, Gortahork, Cill Charthaigh and the surrounding areas over controversial plans to develop large-scale oyster farms at Ballyness Bay. This anger, disbelief and frustration are best exemplified by the attendance of up to 700 people at a public meeting at the end of the summer. Thousands of people have signed a local petition. They are aghast at what has been planned for an area of stunning beauty. I am not sure if the Minister, Deputy Creed, is familiar with that part of our island but it is worth seeing. It really is a jewel in the crown. It has breathtaking scenery, clear waters and relatively unspoilt marine life, and it has been a source of pride for the local community for many decades.

This community cannot understand why the Department is considering placing industrial-scale oyster farms along its strands. If approved, these would stretch from Drumnatinny, through Ballyness and on to Magheraroarty on the western side of the bay. The vast majority of people, myself included, only became aware that these applications were with the Department several weeks after the public consultation period had ended. How were we kept in the dark? The answer is very clear. This was advertised in an excellent local newspaper, the Donegal Democrat. However and unfortunately, the Donegal Democratdoes not have a wide readership in that area. Members of the community inform me that only 15 copies of the Donegal Democrat are sold in the Falcarragh area, in contrast with two other papers with a bigger reach there. The advertisement was not published in Gaelic, though this is a Gaeltacht area. It was available to view in the local Garda station, but in rural Ireland Garda stations are only open three hours a day, and if gardaí are on call, a member of the public will not be seen. If it is not advertised in the local newspapers or radio, members of the public do not know to go to the local Garda station to view the application anyway.

There are huge issues here. We have seen this in other areas as well. Several decisions have been made by the Department in recent weeks to approve oyster farming in various parts of Donegal where there was no objection or opposition. However, this is a pristine area. It is a special area of conservation. The bay is protected. Just last week I was talking to the Minister of State, Deputy Moran, about coastal erosion and the need to invest in that area to protect the habitat there. I support aquaculture, but the idea of trestles running from Magheraroarty through to Ballyness is just not acceptable. We are talking about harvesting oysters in an area equivalent to 45 or 46 football pitches. That is simply not acceptable.

The spirit and principle of the legislation and the EU directive on public consultation make clear the need for public awareness of an application of such magnitude. The public should be consulted. This application was placed in a newspaper with a circulation of just 15 in a community of thousands. I repeat, thousands of people have signed a petition calling for this process to go back to the starting blocks. Will the Minister intervene and nullify these applications? If the promoters want to make the applications again, they can do so with the knowledge of the community. At the end of the day, it is the Minister who will grant this licence or reject it.

Michael Creed (Cork North West, Fine Gael)
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I thank the Deputy. Decisions have recently been made in respect of several applications for licenses for the cultivation of shellfish in Ballyness Bay. Public notice regarding these decisions is scheduled to be published in the Donegal Democraton Thursday, 5 December. The public notice will be in Irish and English as the area in question is in the Gaeltacht.

Representations have been received from public representatives and members of the public raising objections to these applications and to the manner in which the Department communicated the information to the local community. In fact, in accordance with the provisions of the legislation, public notices were placed by the applicants in the Donegal Democrat. These public notices were placed by the applicants on the instruction of the Department as a necessary part of the licensing process. One of the complaints is that as Ballyness Bay lies within a Gaeltacht area, the public notices should have been in Irish as well as in English. In fact, as the applications are placed in the newspaper by the applicant and not by the State, the requirement for Irish language notification does not apply. Notice of the ministerial decisions will be published in Irish and English as the Department is the publishing body in that case.

An aquaculture licence is required by law for the cultivation of finfish, shellfish and certain marine plants such as seaweed. The Department of Agriculture, Food and the Marine considers all applications for aquaculture licences in accordance with the provisions of the Fisheries (Amendment) Act 1997, the Foreshore Act 1933 and applicable EU legislation. The licensing process involves consultation with a wide range of scientific and technical advisers as well as various statutory consultees. The legislation also provides for a period of public consultation. In addition, the Department must adhere to a wide range of regulatory requirements and other legislation that impacts on the licensing process.

A key component of the aquaculture licensing process is a series of measures designed to address the impact of aquaculture on the environment.

This series of measures is known as appropriate assessment. The appropriate assessment process arose from a European Court of Justice case against Ireland in 2007. The European Court of Justice, ECJ, declared that by failing to take all the measures necessary to comply with the EU habitats directive in respect of authorisations of aquaculture programmes, Ireland had failed to fulfil its obligations under that directive. The EU habitats and birds directive has resulted in the designation of certain bays by the National Parks and Wildlife Service as special areas of conservation or special protection areas for birds. These are known as Natura 2000 sites and most aquaculture takes place within them or adjacent to them. In the negotiations to address the ECJ judgment, the Department agreed a process with the European Commission and the National Parks and Wildlife Service that would govern the State's processing of aquaculture licence applications.

The appropriate assessment process is managed in the main by the Marine Institute via environmental and scientific contractors commissioned by the institute to carry out the necessary fieldwork and desk analysis. To date, the Marine Institute has submitted appropriate assessments on 32 bays to the Department, of which Ballyness Bay is one. Ballyness Bay in County Donegal is designated a special area of conservation. There are also a number of other special areas of conservation and special protected areas close to Ballyness Bay, and full consideration was given to the likely interaction between these areas and the proposed aquaculture activities. The appropriate assessment considered 20 applications for aquaculture operations in Ballyness Bay, which consisted of 14 for the cultivation of oysters only, five for the cultivation of oysters and clams, and one for the cultivation of clams only. The number of sites applied for has subsequently been reduced to 18 applications, with two sites for oyster cultivation having been withdrawn.

The legislation specifically provides for periods of statutory and public consultation in respect of aquaculture licence applications. All observations received within the consultation period are carefully considered by my Department. In accordance with applicable legislation, notice of the applications for Ballyness Bay were published by the applicants in the Donegal Democraton various dates between 14 March and 26 March. From the date of the relevant notice, the public had four weeks to make written submissions or observations-----

Alan Farrell (Dublin Fingal, Fine Gael)
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I thank the Minister.

Michael Creed (Cork North West, Fine Gael)
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If I might beg the indulgence of the House, there is a legal process I would like to go through. I just have one more page.

Alan Farrell (Dublin Fingal, Fine Gael)
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Go ahead.

Michael Creed (Cork North West, Fine Gael)
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In accordance with applicable legislation, notice of the applications in Ballyness Bay was published by the applicants in the Donegal Democraton various dates between 14 March and 26 March. From the date of the relevant notice, the public had four weeks to make written submissions or observations to my Department on the applications specified in that notice. During that time the application documentation was available for inspection in the Garda stations specified in the public notices and on my Department's website. In accordance with the applicable legislation, one of the Garda stations was open on a 24-hour basis, in Letterkenny. The following statutory consultees were contacted with regard to these applications: Donegal County Council, Inland Fisheries Ireland, Bord Iascaigh Mhara, Fáilte Ireland, An Taisce, Údarás na Gaeltachta, the Department of Housing, Planning and Local Government, the Department of Culture, Heritage and the Gaeltacht, and the Marine Institute.

In addition, the legislation governing aquaculture licensing provides for an appeals mechanism. Any member of the public who wishes to appeal a ministerial decision may do so by submitting an appeal to the Aquaculture Licences Appeals Board, which is an independent body established by statute.

The Department has received a number of representations from members of the public and public representatives around the licensing process as it affects Ballyness Bay. In addition to general complaints concerning the appropriateness or otherwise of intertidal aquaculture in Ballyness Bay, there have been specific concerns expressed around the consultation process, namely, the placement of public notices in the Donegal Democrat is regarded as inadequate by a number of members of the public and by public representatives. The procedures for the public notices, however, adhere fully to the legislative requirements. In addition to the public notices, the applications were available to view in specified local Garda stations and on the Department's website.

I will conclude now, and I appreciate the Acting Chairman's indulgence. The licensing process for Ballyness Bay conforms fully with all legislative requirements. A public notice in respect of the ministerial decision is scheduled to be published in the Donegal Democrat on Thursday, 5 December. Any person who is not satisfied with the ministerial decision can appeal the decision to the Aquaculture Licences Appeals Board. As the period of time for submitting such appeals will commence from the date of publication of the decision and will continue for one month thereafter, it would not be appropriate for me to comment further on the matter at this time.

Pearse Doherty (Donegal, Sinn Fein)
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I do not know if the Minister feels it is appropriate. I buy the Donegal Democrat every week. It has two newspapers and excellent coverage. Does the Minister think it appropriate that the notices were in a newspaper with only 15 sales in the area being impacted in Falcarragh? I do not believe it was appropriate. That is the reality. The Minister can talk about a Garda station in Letterkenny being open for 24 hours, but this is like saying that the public notification for works to be carried out in Leinster House will be on view in the Garda station in Bray. It is the same distance from Gortahork to Letterkenny as it is for me to jump in a car from this House to Bray. People in the area did not know about this and did not have an opportunity to make a submission.

Generally, public meetings on different things are not well attended, but when 600 or 700 people turn out to a public meeting, then we know there is an issue in the community. When thousands of people sign a petition, then one really knows there are issues.

The core of the issue comes down to a question. What does the Minister do with the 18 applications in for this area? The area is one of unique beauty in our county and in our country. The Minister has the final decision on those 18 applications and he tells us that we must wait until they are published in the Donegal Democrat. Will the Minister tell this House of the Oireachtas what decision he has made on those 18 applications? Has he granted or refused them? Did the Minister grant the applications with or without amendments? The people listening to this debate at home are worried about what will happen in an area of huge unemployment but which is seeing an uplift in tourism with the Wild Atlantic Way. These people do not want to look out at a beautiful area such as Magheraroarty and Ballyness and, when the sea is out, be looking at trestles as far as the eye can see. They do not want to see that. They want to make sure that people will have employment in their community. They want to make sure that what they have grown up with will be there and that they can hand it down to the next generation.

I will warn the Minister. This is my last opportunity here. If the Minister has granted those applications, this community will fight tooth and nail, and I will be with them every step of the way. I will appeal this, and I am sure there will be hundreds if not thousands of others too. Will the Minister clarify what the decision has been so that people will know? Has he granted these applications, has he refused them or has he granted them with alterations?

Michael Creed (Cork North West, Fine Gael)
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Deputy Doherty has raised a number of points. With regard to the advertisement of the applications in the media, the applicants are compliant with the law as it is by virtue of having advertised in the Donegal Democratand having made the application details available at the local Garda stations, including one that was open for access for 24 hours. We can have debates about how widely read these applications are and so on, but in that context the applications comply with the statutory process.

I also made the point that in complying with the statutory process, there are a number of notice bodies invited to make submissions, and I listed those, including Donegal County Council, An Taisce, the National Parks and Wildlife service and so on. They were all notified and their observations, views and reports are taken into account, including the views that are available to me through my Department and other agencies that are involved in the decision-making process. Ultimately, I must make the decision. I do not mean to be in any way circumspect here, but there is a process and I will comply entirely with the process. Once the process is in the public realm I can discuss the matter. The process requires me to put the decision in the first instance into the Donegal Democrat later this week and I will be complying with the law on this.

Pearse Doherty (Donegal, Sinn Fein)
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Will the information go onto the Internet via the Department's website at the same time? What time will that be?

Michael Creed (Cork North West, Fine Gael)
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I would have to clarify that. It is going into the Donegal Democrat.