Eamon Ryan (Dublin South, Green Party)

): I am pleased to have the opportunity to present the Bill for consideration. Its main purpose is to facilitate the restructuring of the inland fisheries sector through the establishment of a new national inland fisheries body which will be known as Inland Fisheries Ireland and which will replace the existing Central Fisheries Board and the seven regional fisheries boards which were established in 1980. The status quo is no longer valid almost 30 years after the design of the current structures was put in place. Too much has changed in the intervening years such as our understanding of the environment, the complex interplay of habitats and species, ecological biodiversity and the status of our inland fisheries stocks. Equally, too much is set to change to allow the continuation of the existing regime without modification. The restructuring proposed is in line with the programme of rationalisation of State bodies generally.

The State's role in the inland fisheries resource is concerned with the conservation, protection, management and development of freshwater fisheries throughout Ireland, including the management and surveillance of stocks listed in the habitats directive. In addition, the remit covers certain activities at sea, including protection of salmon and sea trout, and the support of sea angling. It is widely acknowledged that the inland fisheries resource, across all species, is under serious threat from environmental factors, including pollution, habitat degradation, water quality factors and over-exploitation.

The Government has faced up to hard decisions in recent years, including closing the commercial mixed stock salmon fishery, the creation of a salmon hardship fund at a cost of €30 million to provide relief for those affected by the closure of the mixed stock fishery, the unequivocal adoption of scientific advice in the management of the salmon fishery and measures to protect our stocks of European eel. However, there is more to do. It is imperative that we put the right structures in place to will ensure the conservation and sustainable exploitation of our inland fisheries resource in the future. While the Department has overall policy responsibility for the conservation, management, regulation and development of the inland fisheries resource, it is assisted in its mission by the central and regional fisheries boards. Other agencies such as the Marine Institute, the Loughs Agency, Bord lascaigh Mhara and the ESB also play an important role in the sector.

In cognisance of the increasing obligations on Ireland under European law and, in particular, responsibilities under the habitats and water framework directives, the Government has decided that Inland Fisheries Ireland should manage and report on its operations on the basis of the river basin districts established for the implementation of the water framework directive. Aligning the management of Inland Fisheries Ireland in this way will enable an integrated ecosystem approach to be adopted which will be fully co-ordinated with the structures already in place for the implementation of the water framework directive for environmental and habitat protection across all animal species. It will also better enable these matters to be dealt with on a co-ordinated North-South basis and be beneficial in terms of implementing future EU sponsored measures in the sector.

Between them the central and regional fisheries boards comprise more than 150 board members, with each regional board having up to 23 members. Such numbers are unwieldy by any standard and can lead to divergent interests and competing aims between stakeholders. As we have seen in other areas, there is a need within boards for a high level focus on corporate governance and strategic issues. This will be best achieved by putting in place a small focused board on State bodies. Accordingly, it is proposed that the board of Inland Fisheries Ireland will consist of nine members.

Following on from the approach adopted in the Broadcasting Act 2009, I have made provision for the involvement of an Oireachtas joint committee in the appointment of some of the members to Inland Fisheries Ireland. This continues a positive practice in appointments to State bodies and I look forward to working with colleagues in both Houses as part of this process. I stress this does not mean there will not be a role for the existing fisheries board members who have a genuine interest in inland fisheries and wish to make a legitimate contribution to the future development of the resource.

The Bill requires Inland Fisheries Ireland to establish a national inland fisheries forum which will provide for a stakeholder input into policy formulation. It is envisaged there will be representation across the spectrum of stakeholders in the forum. Terms of reference for the operation of the forum are being drafted and I have advised the joint committee that I will circulate them for information once they are available. Stakeholder involvement is vital at a local level. However, it needs to be properly structured and channelled to ensure the input from diverse and, sometimes competing, stakeholders can be utilised to best effect. Such mechanisms should be operated by Inland Fisheries Ireland through the national inland fisheries forum. I expect the new body to put in place local advisory structures which will ensure the expertise and goodwill in the regions will not be lost.

In considering options for the rationalisation of the sector it will be more beneficial for fisheries co-operative societies to cease and for resources deployed through them to be used as a basis for a grants scheme for local development groups. Such a scheme will be developed and operated by Inland Fisheries Ireland.

More than 400 staff are employed by the fisheries boards. I stress that the terms and conditions of existing staff will not be lessened and that there is specific provision in the Bill to ensure this is the case. I recognise the energy and commitment of the competent inland fisheries workforce. It is important that this energy is harnessed to enable the continued sustainable exploitation of the resource. In these straitened times, however, we need to reduce the cost of public services and the newly streamlined Inland Fisheries Ireland will be better equipped to do this than the predecessor organisations. The new structures will be better able to cope with the required savings on public sector numbers applicable across the public service generally.

There is potential for additional savings and a better use of existing resources as a result of the replacement of the Central Fisheries Board and the seven regional fisheries boards with a single body and the elimination of the National Salmon Commission and eight fisheries co-operative societies. The House will appreciate that it is difficult to quantify these savings, as they will occur over time, but I expect them to be delivered. The management of the service is operating with a budget which is reduced compared to the 2009 allocation and is set to meet the challenges applied to public expenditure budgets.

I propose to outline the main provisions of the Bill. A detailed explanatory memorandum was prepared when the Bill was first published which provides a synopsis of its provisions. The Bill comprises 82 sections and six Schedules. Its purpose is the establishment of Inland Fisheries Ireland. However, for the purposes of better regulation, a number of existing provisions of the legislation governing inland fisheries management are restated. The restated provisions are unaltered, apart from changes to ensure they apply to Inland Fisheries Ireland and some minor drafting amendments. This ensures that as many provisions as possible pertaining to the new body are contained in a single statute which will make it easier for those referring to the legislation.

Part 1 contains standard provisions dealing with definitions, repeals and expenses connected with the Bill. Section 5 provides that Inland Fisheries Ireland will be established on a day to be determined by the Minister by order. It is important a realistic target date is specified for all parties to work towards. In this regard, subject to Oireachtas approval of the legislation, I have set a target date of 1 July as the establishment day for the new body.

Part 2 sets out the provisions governing Inland Fisheries Ireland and transitional arrangements required to ensure the smooth changeover to the new structures. The body will assume the functions of the existing Central Fisheries Board and regional fisheries boards and, in addition, undertake a number of new functions which are set out in section 7. The principal role of Inland Fisheries Ireland will be the protection and conservation of the State's inland fisheries resource. It will also be required to promote, support, facilitate and advise the Minister on the conservation, protection, management, marketing, development and improvement of inland fisheries, including sea angling.

In recognition of the need and the value of stakeholder participation in the sector, provision has been made in section 7 for the establishment of a national inland fisheries forum. Inland Fisheries Ireland will also become responsible for the establishment of a standing scientific committee which will advise on technical and scientific matters relating to the management of the State's inland fisheries resource. This replaces the standing scientific committee established by the National Salmon Commission. Section 7 also ensures Inland Fisheries Ireland has the necessary powers for the continuation of the issuing of licences and striking of rates in accordance with the existing fisheries legislation.

Section 8 ensures that all the functions conferred on the central and regional fisheries boards under the existing statute are transferred to Inland Fisheries Ireland on the establishment day.

Section 9 provides that Inland Fisheries Ireland will manage and report its business on the basis of the river basin districts defined for the purposes of the European water framework directive. The section also allows for the modification, by order, of this arrangement if necessary. Such modification is subject to consultation with the joint Oireachtas committee, Inland Fisheries Ireland and such other bodies as the Minister deems appropriate.

Section 12 sets out the membership and method of appointment of members to Inland Fisheries Ireland. The chairperson and two others will be appointed on the Minister's nomination, two members will be appointed on the nomination of the Ministers for the Environment, Heritage and Local Government and Community, Equality and Gaeltacht Affairs. One will be a staff representative appointed following an election process. The remaining three members will be appointed having regard to the advice of the Joint Oireachtas Committee on Communications, Energy and Natural Resources. That follows the approach adopted in the Broadcasting Act 2009. In addition, it is proposed to include the CEO as an ex officio member of the board, as is standard practice in State agencies.

I have always maintained that the board should be small and contain a strong focus relevant to the business of Inland Fisheries Ireland and to the general issue of good corporate governance. I believe the provisions in the Bill achieve that. This is of particular importance given the significant annual budget for which the new body will be responsible. The Bill provides that potential appointees to the board must have had experience of or have shown capacity in one or more of a number of areas, including recreational fisheries, angling, commercial fishing and ownership of fisheries. Those competencies are no more or less important than the other competencies listed in the Bill, such as business or commercial affairs, environmental or biodiversity matters and legal or regulatory affairs, all of which are essential to effective stewardship of a State-sponsored body. It is my intention that members appointed to the board will have the necessary expertise and competency to lead Inland Fisheries Ireland to deliver fully on its potential.

Section 13 sets out the procedures for the election of a staff representative to the board of Inland Fisheries Ireland. Section 14 makes provision for the term of office of members of Inland Fisheries Ireland and provides for a system of rolling appointments. That should ensure the corporate knowledge of the board is preserved at all times while also bringing fresh ideas and faces to the boardroom.

Sections 15 to 22 set out the usual best practice procedures for the board including conditions of office, removal of members from office, resignations, casual vacancies and meetings and procedures of the board. Sections 23 to 27 make provision for the CEO of Inland Fisheries Ireland and provide for the delegation of the functions of the CEO to other staff members and the further sub-delegation of such functions.

Sections 28 and 29 provide that the CEO shall be accountable to the Committee of Public Accounts and to all other committees of the Oireachtas. Section 30 makes provision for the appointment of employees to Inland Fisheries Ireland. Section 32 contains standard provisions relating to superannuation. Section 33 restates the equivalent section of the Fisheries Act 1980 and provides for the preparation by Inland Fisheries Ireland of a staff scheme for the regulation, control and management of its staff. Sections 35 to 39 contain usual provisions dealing with standards of integrity, unauthorised disclosure of confidential information and the protection of whistleblowers. Standard provision is also made in sections 41 to 47 in respect of corporate plans, estimates, grants, accounts and audits applicable to Inland Fisheries Ireland.

Sections 48 to 56 set out the transitional arrangements for the changeover to the new structure and provides for the dissolution of the central and regional fisheries boards. Provision is made for the transfer of property, assets, rights and liabilities, including superannuation liabilities, to Inland Fisheries Ireland and to ensure that existing contracts, agreements and arrangements remain in force.

Section 49 facilitates the transfer of employees of the existing boards to Inland Fisheries Ireland on terms and conditions of employment no less favourable than those enjoyed immediately prior to the transfer. Employees of Inland Fisheries Ireland will be covered by a broad range of employment protections under employment law. Sections 55 and 56 require Inland Fisheries Ireland to prepare final accounts and a final annual report in respect of the central and regional fisheries boards.

Part 3 restates existing provisions of fisheries legislation which deal with the administration of inland fisheries. These provisions remain unchanged apart from some minor drafting amendments and necessary changes to ensure they apply to Inland Fisheries Ireland. Section 57 restates provisions dealing with the by-law making powers of the Minister. The value of fines applicable for breaches of by-laws have been increased in keeping with the consumer price index, since last amended, to bring them in line with current values.

Part 4 of the Bill restates a number of provisions of the Fisheries Act 1980 dealing with offences and legal proceedings under existing fisheries legislation. Again, monetary penalties have been increased in accordance with the consumer price index in order to ensure they are in line with current values. In most cases the fines were set in 1980 and have not been changed since. Section 80 restates the equivalent section of the Fisheries Amendment Act 2000 which put in place a regime for the payment of on-the-spot fines for minor inland fisheries offences in lieu of prosecution through the courts.

Part 5 restates certain provisions of the Fisheries Act 1980 which deal with miscellaneous matters including powers of the Minister in operating a fishery. No changes have been introduced other than to ensure the provisions apply to Inland Fisheries Ireland.

There are six schedules to the Bill. Schedule 1 sets out the repeal of existing fisheries legislation. Schedules 2 and 3 detail amendments to existing statutes and statutory instruments, which ensure that references to the central and regional fisheries boards are appropriately changed. Schedule 4 sets out procedures on the protection of whistleblowers. Schedules 5 and 6 restate the Fifth Schedule to the Fisheries Act 1980 and the Schedule to the Fisheries (Amendment) Act 2000 respectively.

The Bill is an important measure in delivering new management structures for our inland fisheries resource. We need to equip inland fisheries management for the challenges of the future but at a time of public sector reform. I am determined that every opportunity must be availed of to effect economies and attain efficiencies from within the system to deliver further value for money against the significant Exchequer investment in this resource. That said, I want to safeguard the inland fisheries resource in the face of significant upheaval caused by demands of contemporary 21st century society for spatial development and economic progress, past excesses in exploitation of stocks and impending climate change factors.

I take the opportunity to put on the record of the House my appreciation for all of those who have served on the existing boards and for their dedication and commitment to our national resource. I am sure they will continue to play a valuable role and I know that we all share the best interests for the future of the sector. Delivery of the new structures is achievable by the target date of 1 July and I hope Members will be supportive of this legislation which is required to facilitate the significant changes for the management of the sector.