Seanad debates

Friday, 30 April 2021

Nithe i dtosach suíonna - Commencement Matters

Aquaculture Licences

10:00 am

Photo of Tim LombardTim Lombard (Fine Gael) | Oireachtas source

I welcome the Minister of State to the Chamber. I seek clarity on the statutory timeframes pertaining to aquaculture licences. The Minister of State will be very much aware of the issues in the licensing regime. Unlike other regimes, there appear to be no timelines. Anyone seeking planning permission for a commercial or residential property tomorrow morning would have a timeline from the local authority and then there is an opportunity to take it to An Bord Pleanála. Those timelines are not applicable here which creates great frustration, particularly for communities. I mention Kinsale in particular this morning. A 25-acre mussel farm in Charlesfort, beside the dock in Kinsale, was proposed on 21 December 2018. Very little information has come forward on it. One of the submissions made by residents said to put a fish farm in Kinsale Harbour itself would be like letting a farmer grow turnips in a public park. There are issues with getting information out to the public. I have written to the Department of Agriculture, Food and the Marine several times seeking clarity on the status of this application and seeking an update on the decision. We have seen nothing but a response from the Department to the effect that all queries regarding applications are under active consideration and it would be inappropriate to comment. We have no information on where the application is in the system, there is no transparency or understanding of when a decision will be made.

Our office has done research on this. It is a huge issue for the people in Kinsale. Under section 31(1) of the fishing Act of 1997, the Minister must determine an application within four weeks of the date of all the information being provided. That is really interesting.Section 32 of the Act states that if it is not possible for the Minister to determine the application within the set period, he or she must write to the applicants to give them an understanding of a timeframe for the making of a decision. I am looking for a process to be put in place to enable the public to be made aware of what stage an application is at and the issues involved.

The situation we have now relies on one thing, namely, seeking clarification regarding the point at which an application is considered to be complete. I say this because four weeks after that there is an obligation to have provided an answer, but nobody understands the point to which the word "complete" refers. As a result, there is nothing but misinformation circulating. I ask the Minister of State to use section 31(2) of the Act and notify the public of the progress of applications and to provide some understanding of where applications are in the system. It is nearly two and a half years since the application to which I refer was made, with no understanding of when it is going to be complete or the issues pertaining to it. Therefore, the whole system has failed the public. Some two and a half years later there has been no update and no understanding of the current position. It is not possible to understand where that application is in the system, despite the applicants continuously writing to the Department. This would not happen under any other planning process, so we need clarity on how the public can get the relevant information.

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