Michael Ring (Mayo, Fine Gael)
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Question 999: To ask the Minister for Communications, Marine and Natural Resources the steps he will take to ensure the continued viability of the shellfish industry in an area (details supplied); and if an incident has been investigated by his Department officials to ensure that due process took place and that there is no threat to this industry as a result. [2084/07]

John Browne (Wexford, Fianna Fail)
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The Department has overall responsibility for the implementation of the Shellfish Waters Directive (79/923/EEC). This directive has been enacted through SI 268/2006 and Clew bay is designated as a Shellfish Water under these regulations. As a designated water, an ongoing action plan has been implemented to protect and improve these waters, consisting of a testing regime and ongoing analysis of the pressures on the bay. This protection extends to the listed parameters in schedule 2 of the regulations.

The Department became aware of the discharge of leachate through the Westport Waste Water Treatment plant on the 18th December 2006. An investigation was instigated, which determined that this discharge was licensed by the EPA as a temporary measure in response to an emergency situation at Derrinumera landfill site, due to the volume of rainfall in December 2006. This discharge commenced on 7/12/06 and ceased on 20/12/06.

Local Authorities and the EPA are listed in the regulations (SI 268/2006) as relevant Public Authorities and therefore were aware of their duties in regard to the protection of the shellfish waters in Clew Bay when deciding on the discharge of the leachate. The Department contacted the EPA on 18/12/2006 and were assured that the leachate did not exceed any of the parameters in SI 268/2006, from which Shellfish waters are protected.