Pat Gallagher (Donegal South West, Fianna Fail)

I apologise on behalf of my colleague, the Minister of State at the Department of Communications, Marine and Natural Resources, Deputy John Browne, who had intended to attend the debate but for good reason had to return to the south east. Consequently, he asked me to take Committee Stage because I am familiar with these matters, having served in the Department for 15 months during which time I worked with officials on this unique Bill. The legislation requires the consent of this House, having been passed in the House of Commons, and commencement orders will be synchronised in order that it will, when enacted, commence on the same date.

I understand the reason Senator McHugh has tabled these amendments. They seek to ensure the consent of the owner or occupier of an oyster bed or fishery is obtained prior to the granting of an aquaculture licence in respect of such an area. Oyster fisheries in the Foyle are public fisheries and are not owned by any individual or body. It is not necessary, therefore, to seek consent.

Regional fisheries boards may issue oyster licences in this jurisdiction under the Fisheries (Consolidation) Act 1959. However, this legislation does not apply to the Moville area and no such licences have been issued in respect of the Foyle by the regional fisheries board. Oyster fishery orders may be made under the 1959 legislation but such orders do not apply to the Moville area. In the circumstances, the amendments proposed are not necessary.

The definition of the word "fish" in Part 3 was amended by the other House. The amended definition provides that the agency will have responsibility for the regulation of wild mussels, wild oysters and eels, although predominately the first two. The definition should also include all freshwater fish, salmon and other fish which migrate to and from the sea, as well as sea bass and tope.

The amendment was made to address concerns expressed about the definition of the word "fish", especially concerns that the agency would regulate the wild oyster and mussel fisheries. While I fully appreciate the spirit in which the amendment has been proposed by Senator McHugh, it is not necessary. I appreciate his statement that the purpose of the series of amendments is to highlight a point and he does not propose to put them to the House.