Pat Gallagher (Donegal South West, Fianna Fail)

I thank Senator McHugh for his understanding and appreciation. Senators will be aware of the concerns expressed with regard to the definition of fish following the presentation of the Bill to the Oireachtas last year. The Government proposed amendments on Committee Stage to address these concerns and to give effect to the advice from the Attorney General. The amendments proposed were the subject of negotiations between a number of Departments and agencies, North and South, and represent the agreement reached during those further discussions to address the concerns raised by Members of the Dáil.

These new definitions in sections 4 and 5(2) of the Bill, which were accepted on Committee Stage in the Dáil, reflect the agreed North-South position. As the Minister of State, Deputy Browne, indicated to the House on Second Stage, the scope for making changes to the Bill is restricted to changes necessitated by local law requirements, given that the Northern Ireland Order in Council has progressed through the parliamentary process in the United Kingdom. Consequently, it is not possible to make the amendments proposed.

I emphasise that the legislation, when enacted in the two jurisdictions, will give the Loughs Agency responsibility for the regulation of wild mussel, oyster fisheries, eels and all freshwater fish, and salmon and other fish of a kind that migrates to and from the sea, as well as sea bass and tope. There was a suggestion that all fish should be incorporated. However, the competence of the agency would then be in contradiction with the competence of the EU, which, whether one likes it or not — one might not like it — has responsibility for fish that are quota species. It would mean we were giving the Loughs Agency jurisdiction, which would cause its own problems.

The legislation, when enacted, will give the Loughs Agency responsibility for what we believe are the important species, namely, wild mussel, oyster fisheries, eels and all freshwater fish, and salmon and other fish of a kind that migrates to and from the sea.