Seán Kyne (Fine Gael)
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I welcome the Minister of State. I thank the Cathaoirleach's office for choosing this Commencement matter. I have had some correspondence and have met with oyster fishermen in the Clarinbridge area. They have a good working relationship with the State agencies overseeing them such as Inland Fisheries Ireland and the Sea-Fisheries Protection Authority. They do a small amount of commercial fishing. It is something that has been passed down through the generations. As a former Minister of State with responsibility for inland fisheries, I was happy to be able to assist with some licensing issues to ensure the oyster fisheries continue in that area.

They have a few concerns regarding what they deem to be over-regulation, with two State agencies effectively responsible for monitoring them and all that goes with it, in some cases, for a very small number of days of fishing. They believe that there should be a single inspection point and that there should be some collaboration between Inland Fisheries Ireland and the Sea-Fisheries Protection Authority. I know the two agencies fall under different Departments. However, it does not make much sense to have one agency engaging with them in the afternoon and another agency engaging with them in the evening when they come ashore with their catch.

In the case of the wild fishery, we are talking about a small number of days fishing in the year. It is over-regulation. If we consider that there are large international supertrawlers out at sea, and God knows what is going on in some cases with them, and yet small numbers of local lads are out there fishing who have high costs associated with the over-regulation of their sector, I think it could be done in a better way. Is there any possibility of collaboration between the Department of Agriculture, Food and the Marine and the Department of the Environment, Climate and Communications, which has responsibilities for Inland Fisheries Ireland, to make life somewhat simpler for them? They obviously understand the need for safety, food quality and abiding by regulations. However, I think there could be a better, simpler and easier way to assist those involved in what is a small but important industry which has long roots in the past and, it is to be hoped, a good future as well.

James Browne (Wexford, Fianna Fail)
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I thank Senator Kyne for raising this important issue as to whether Inland Fisheries Ireland and the Sea-Fisheries Protection Authority could agree a single point of inspection for oyster fishermen rather than duplication of inspections. I am responding on behalf of the Minister, Deputy McConalogue, who sends his apologies.

The Minister for Agriculture, Food and the Marine is responsible for aquaculture licensing and its regulation, a remit which includes oyster farming. However, as the Senator rightly points out, the Minister does not have any responsibility for the licensing of wild oyster fishing. This function falls to Inland Fisheries Ireland, which is an agency under remit of the Department of the Environment, Climate and Communications. I am advised that the inspections by Inland Fisheries Ireland in respect of wild oyster fisheries are required to ensure the vessels involved in fishing for wild oysters are in compliance with the dredging permits issued by that agency.

The Sea-Fisheries Protection Authority, on the other hand, is an independent statutory body established by the Sea-Fisheries and Maritime Jurisdiction Act 2006 which has, among its responsibilities, controls in respect of fisheries and seafood safety and enforcement functions. Specifically, section 46 of the 2006 Act provides that the Minister for Agriculture, Food and the Marine may give such general policy directions in writing to the Sea-Fisheries Protection Authority in relation to its functions as is considered appropriate but that the Minister may not exercise any power or control in relation to individual cases, or groups of cases, with which the authority is concerned, or in relation to the performance in particular circumstances by the authority of its functions, such as that set out under its inspections remit.

I understand the Sea-Fisheries Protection Authority inspections regarding wild oyster fisheries involve fishery controls, including compliance with minimum size and traceability requirements, and are specifically required for the enforcement of seafood safety law, both national and EU legislation, that deals with health conditions for the production and placing on the market of fish, shellfish and fisheries products. The Sea-Fisheries Protection Authority is an official agency of the Food Safety Authority of Ireland, with a service contract agreement in place outlining the agreed level and standard of seafood safety activity the Sea-Fisheries Protection Authority performs as a competent authority.The inspections carried out by Inland Fisheries Ireland and the Sea-Fisheries Protection Authority in respect of wild oyster fisheries are, therefore, conducted under separate statutory functions and are prescribed for different purposes. While the inspections conducted by these statutory agencies are operational matters, I will nonetheless refer this issue to the Minister for the Environment, Climate and Communications for his attention, given that his is the lead Department for wild oyster fisheries. Further advice may be available on the communications between Inland Fisheries Ireland and the Sea-Fisheries Protection Authority on the wild oyster fisheries concern, the possibilities relating to the inspection process involved and what may be feasible in that regard.

Seán Kyne (Fine Gael)
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I thank the Minister of State for that response from the Minister, Deputy McConalogue. I will certainly convey it to those involved in the sector to see whether there is any way of streamlining the processes, not to in any way reduce the compliances that are necessary for food quality, safety and regulations but to make the processing somewhat simpler for those involved. There is a view that there is duplication in what is a very small sector, so I will go back to those involved. I hope there can be agreement or some sort of interaction between the two Departments to see whether we can streamline the process.

James Browne (Wexford, Fianna Fail)
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I again thank the Senator for raising this important issue. Referring it to the Minister for the Environment, Climate and Communications for consideration by his officials and Inland Fisheries Ireland, as the competent authority, is an important step taken by the Minister. While the inspections conducted by these statutory agencies are operational matters, there may nonetheless be an opportunity for better communications between Inland Fisheries Ireland and the Sea-Fisheries Protection Authority on the wild oyster fisheries concern.