Paul Bradford (Fine Gael)
Link to this: Individually | In context

I welcome the incoming Chief Whip, the Minister of State, Deputy Curran. I congratulate him on his appointment as Minister of State and Chief Whip. I wish him success in his position.

I want to speak about a situation causing grave concern in Fermoy, the repair and development of Fermoy weir. The idea of being careful lest one gets what one wishes for applies to Fermoy Town Council and those concerned about the repair of the weir in Fermoy. The project to repair the weir and the fish pass stemmed from a request from the Department of Communications, Energy and Natural Resources arising from the European directives that applied to the Department. The initial proposal submitted by the Department would have resulted in the ruin of the weir in Fermoy. The weir is famous in Fermoy, County Cork, throughout the country and to many people from Europe who have enjoyed the scenery and the amenity.

As a result of grave concerns in the locality about the replacement of the fish weir as envisaged by the Department, discussion was led by Fermoy Town Council and supported by local clubs such as Fermoy Rowing Club, which presented an alternative to the original suggestion. The Department intended to replace the weir with a 62 m rock ramp. The project was estimated to cost €250,000 and would be paid for by the Office of Public Works. This matter was the subject of debate between the council, the OPW and the Department. Last December progress was made when the Minister of State, Deputy Conor Lenihan, became involved in discussions and visited the town and examined the project. He appeared to come to the conclusion that the original plan for the replacement of the weir, with the work carried out by the OPW, could be substituted by Fermoy Town Council carrying out the work. The town council had a more straightforward proposal costing slightly more than half the original amount, some €150,000. The proposal was welcomed by local interest groups and Fermoy Rowing Club and seemed the solution to the problem.

A new problem has now emerged. The original project was to be paid for by the OPW or some arm of the State. The Minister of State has now proclaimed that the project, which he permitted to be carried out by Fermoy Town Council, must be paid for locally and completed by next December. Not surprisingly, neither Fermoy Town Council nor Cork County Council has this amount of funding. We are in the unusual situation whereby a project is desirable, the plan is acceptable and the project costs less than the one originally approved but cannot be completed because of the lack of funding at local authority level. Little joy has been had by the town council in recent meetings between it and the Minister of State and subsequent communication with the Minister of State at the Department of Finance, Deputy Mansergh. The fear is that if the project cannot be carried out by Fermoy Town Council, the original project, which is not deemed desirable, will go ahead and will cost the taxpayer an additional €100,000.

I ask the Minister of State to comment on the matter and to use his good offices to liaise with the Minister of State, Deputy Conor Lenihan, to see if the money can be provided by his Department. It makes little sense that the Department, having been willing to spend €250,000 some months ago on a project that divided the town, is unwilling to spend a lesser sum on a project that would resolve the problem and unite the interest groups in the town, such as councillors, Fermoy Rowing Club and the amenity groups. A degree of common sense would solve this problem and bring about the right result. It would save the taxpayer €100,000 and resolve this long running dispute. A little common sense and negotiations between the various Government agencies would be desirable and useful at this stage.

John Curran (Dublin Mid West, Fianna Fail)
Link to this: Individually | In context

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.