John Curran (Dublin Mid West, Fianna Fail)

I thank the Senator for his kind comments. I am taking this matter on behalf of the Minister for Communications, Energy and Natural Resources.

Protecting and enhancing our inland fisheries are core objectives of our inland fisheries strategy and requirements of EU law under the habitats directive. In this regard, I welcome the matter of the weir at Fermoy which is in the ownership of Fermoy Town Council being raised on the Adjournment this evening, as it was in the Dail earlier this month. The council which acquired the weir some years ago is, like other weir owners, responsible for its maintenance and upkeep. Following a complaint to the European Commission and technical studies undertaken thereafter, the council is aware of the need to reduce the barrier effect of the weir on the migration of certain protected fish species, including salmon and lamprey, to ensure compliance with the EU habitats directive.

Since taking up responsibility for the inland fisheries brief, the Minister reviewed the approach to resolving the barrier to fish passage at Fermoy up to December 2009. He was anxious that progress be made to deal with problems of fish passage and actively engaged with the town council on the matter and the local rowing club in terms of how their needs could also be met. He listened carefully to the arguments of the council and the local rowing club and their strong view that an alternative to the rock ramp proposal would provide a viable solution to the issue of fish passage at Fermoy. While the technical advice to the Minister differs from this position, having listened to the arguments of the council and rowing club, he agreed to afford the council, the owner of the weir, an opportunity to implement its preferred solution of repairing the existing fish passes on the weir. He also made it abundantly clear that if that solution did not work, he would have no alternative or hesitation in requiring the rock ramp proposal to proceed.

To give practical effect to his decision, the Minister exercised his power to revoke the original direction issued in 2006 in favour of the order given to the town council under section 116 of the Fisheries (Consolidation) Act 1959 to undertake immediate repairs to the existing damaged fish ladder situated in the weir in order to reduce the barrier effect of the weir on migratory fish species. In the light of his discussions with the European Commission authorities, having listened to the council and the rowing club and received the advice of the Attorney General, as the chief legal adviser to the Government, he came to the conclusion that affording the council an opportunity to explore its preferred solution of the repair of the existing fish ladder was the appropriate immediate action. All parties involved must appreciate, however, that Ireland is a committed member of the European Union in terms of meeting its responsibilities under EU law, including obligations in regard to biodiversity and, in particular, to the protection of species and habitats under the habitats directive.

The Minister has created an opportunity for the town council to demonstrate that its preferred solution of repair of the fish pass offers a viable solution to the issue of fish passage at Fermoy. This opportunity has been provided for the council, notwithstanding the technical advice to him. It is now a matter for council to implement its proposals and monitor their effectiveness. In creating this opportunity, the Minister stresses that there is no dilution of Ireland's commitment to meeting its responsibilities under EU law, including obligations on protected species under the habitats directive. The effect of the repairs proposed on fish migration will be closely monitored and if the required improvement in fish migration is not achieved, the Minister has made it clear that he will not hesitate to direct the council to undertake further major works.

The Minister has recently been advised by the town council that it estimates the cost of its proposal to be in the region of €100,000 to €150,000. From the consultants' report commissioned by the council, I gather there are higher ongoing maintenance costs associated with the proposed repairs also. I repeat that the decision of December 2009 affords the council the opportunity to pursue its preferred solution. It is not realistic to expect a Minister to fund an intervention that he as been advised is an inadequate response to the issue of fish passage nor could such be authorised under public financial procedures.

I understand the works on the weir do not contribute to the separate flood relief project and, therefore, the costs are not attributable or appropriate to that project. However, it is open to the town council to seek to come to some financial arrangement to have the works linked with the flood relief works, if possible. The onus rests with the local authority to maintain the structure it values and protects so enthusiastically, in the same way it funds and maintains other important infrastructure in its ownership.

I fully appreciate that the need to remedy the problems of barrier to fish migration at Fermoy has been contentious, but I hope the decision the Minister has made will enable rapid progress to be achieved. I urge the town council to expedite the repairs and engage actively with the fisheries board to monitor their impact.