Tim Lombard (Fine Gael)
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I welcome the Minister of State to the Chamber and the opportunity to debate this important matter. The aquaculture legislation, as amended, goes back to the 1997 Act, and I would like to discern where we are in the process of examining the legislation and putting more definitive timelines in place to help applicants and communities affected by proposals.

This is a significant issue. Aquaculture licences are controversial in some locations because a body of water is taken for industrial use. It can have a major impact on a community and because of this, a public consultation period and many reports, particularly environmental reports, are required for the licences.I will refer to a particular application to give a sense of where we are. In 2019, an application was made for an aquaculture licence in the heart of Kinsale Harbour, just off Charles Fort. It is a significant part of Kinsale Harbour. The application has been going through the process for the past three and a half years. It was necessary to re-advertise in May 2021 due to a mistake in the wording of the first advertisement in 2019. Three and a half years later, the vacuum of information is a significant issue for the community.

We are trying to make sure that communities can be informed of what is happening in the process, the stage it is at and when a decision will be made. That is necessary in order that objectors and applicants have a more definitive timeline so that they can move on with their lives and the proposals for the harbour. We are very much aware that these are significant developments but the 1997 Act - I spent the weekend reading it and it is exceptionally boring legislation - never put a definitive timeline on when a decision on these applications would be made. I am aware of cases where it was seven, eight or nine years after the application was first made that a decision was issued. There is a need to review the Act in order to put more definitive timelines in place and to strengthen the line of communications between the community and the Department so that everyone can be part of the process and we can have a strong aquaculture network. We need to make sure that the impacted communities can access the information in respect of how the process works.

Martin Heydon (Kildare South, Fine Gael)
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I thank the Senator for raising this issue. I know it is of great importance to those in coastal regions. As he will be aware, the Department considers applications for aquaculture licences in accordance with the provisions of the Fisheries (Amendment) Act 1997, to which he referred, the Foreshore Act 1933 and applicable national and EU legislation. There are a number of statutory timeframes set out in the legislation in respect of aquaculture. The licensing process involves consultations with a wide range of scientific and technical advisers as well as various statutory consultees. The legislation also provides for a period of public consultation.

The statutory timeframes in respect of the public and statutory consultation processes are set out in SI 236/1998, as amended. In the case of shellfish or seaweed licensing, the legislation provides for a period of 30 days in which the public may make written submissions on the application, and for a six-week period in which the statutory consultees may make written submissions. In the case of fin fish, the timeframe for public and statutory consultation is eight weeks. Following the closing date of the public and statutory consultations, all submissions are sent to the applicant, who has the opportunity to submit written comments in respect of the submissions within three weeks of the date of issue.

The average time for processing an aquaculture licence varies, depending on location, species, scale and intensity of production, statutory status of sites, potential visual impact, etc. The Department takes full account of all scientific and technical advice, as well as all issues identified during the public and statutory consultation phases. Further factors that can impact the time taken to process an application include the requirement for an appropriate assessment if the application is within a Natura 2000 area; whether the application is required to be accompanied by an environmental impact statement or environmental impact assessment report; consideration of any submissions or observations raised during the public consultation period; and the need for additional underwater or archaeological assessments and the likes.

Once the Minister has made a determination in respect of an application, the legislation requires that the decision be published within 28 days. The Department places the reasons for the determination on the website of the Department and places a notice in the newspaper in which the applicant placed the application notice. Notice of the foreshore licensing determination is also placed in Iris Oifigiúil.

The legislation provides for an appeals mechanism. Within one month of the date of publication of the decision, interested parties can lodge an appeal to the aquaculture licences appeals board, ALAB, which is an independent statutory body. The timelines relating to the appeals process are a matter for ALAB. Foreshore licenses may also be appealed by way of judicial review.

It is important that the Senator is aware of the complex nature of the licensing process and the various statutory steps that must be adhered to. The Minister, Deputy McConalogue, recently launched phase 1 of the new state-of-the-art aquaculture information management system. The online viewer was developed in collaboration with the Marine Institute as part of phase 1 of this project which will develop an overall aquaculture management information system for aquaculture licences in Ireland. This delivers on the Government's commitment to the further implementation of the recommendations of the aquaculture licence review group. It is the first step in digitising the aquaculture licensing application process. The Department continually monitors all its services, including the licensing of aquaculture activities, to ensure we provide an efficient service to our customers while ensuring our environmental and legal obligations are adhered to.

Tim Lombard (Fine Gael)
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I thank the Minister of State for his comprehensive response in respect of the developments in the licensing system. It is important that it has moved to a more digital age and documents can be uploaded online. That is a positive step forward because, previously, those making submissions had to post them to Clonakilty. The digitisation of the system is very important.

The core of the problem, however, is that there is no definitive timeline for when applications will be adjudicated on. In the case of an application in respect of an industrial or housing development, for example, the local authority has to go through the same issues but there are definitive timelines in place in respect of making a decision. For example, the local authority is obliged to have corresponded with the public and the applicant within six months of the application. There is not the same type of timeline tied into these aquaculture applications. If anything, they are so open-ended that the general public may forget about them because so many years have passed since the application was made. The public may be of the view that the applicants have withdrawn the application or moved on to other things. The 1997 Act needs to be considered in the context of tightening the timelines so that communities can have a definitive timeline in respect of when these applications will be adjudicated upon.

Martin Heydon (Kildare South, Fine Gael)
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I thank the Senator for highlighting those specific points. He makes a valid point. Notwithstanding all the timelines I outlined, he pointed to an understandable concern among local communities. If a process is taking as long to come through as the one in Kinsale to which he referred, the community would be justified in feeling frustrated. As he stated, it is important to keep the focus on that. It is a complex process. I outlined clearly in my initial response the challenges that are involved. As a State and a State body, we have to ensure we do that right. I take on board the points raised by the Senator and I will bring them back to the Department.

As regards the review group, it identified as a key priority the backlog that existed in aquaculture licence applications at the time. That backlog fed into some of the time delays referred to by the Senator. The backlog in shellfish aquaculture licence applications has effectively been eliminated as an issue affecting the industry and work is being prioritised to address outstanding renewal applications in fin fish aquaculture. The further implementation of the licensing review group report forms an important part of the programme for Government.

With the indulgence of the Acting Chairperson, I will refer to phase 2. Our focus and attention is now on phase 2, which has been developed in 24 months. It involved the development of a fully online system through which applicants for licences can submit all documents and supporting data electronically. The system will be fully integrated with other systems. Its delivery will create a one-stop shop for aquaculture licence applications, a process that will significantly reduce the administrative burden. That is at the nub of the problem raised by the Senator. Phase 2 can deliver a much more streamlined process. It is a key step in delivering on our commitments under the programme for Government to further implement the recommendations of the independent aquaculture licensing review group.