Michael Creed (Cork North West, Fine Gael)
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Question 359: To ask the Minister for Agriculture, Fisheries and Food his views on the Ombudsman's report on the lost at sea scheme; the financial outlay which will result from the publication of the report; the advice he has received regarding this matter; and if he will make a statement on the matter. [48082/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Since the conclusion in November 2008 of the Ombudsman's investigation into the complaint made by a Donegal family whose application under the Lost at Sea Scheme was refused, my Department has been engaged in correspondence with the Ombudsman in relation to her findings in this case and the proposal to award financial compensation.

I and my Department have consistently taken the view that this scheme was properly and fairly administered by the Department of Communications, Marine and Natural Resources which had responsibility for the scheme at the time, and accordingly that there is no basis for compensation in the amount proposed or any amount. In coming to this view, as a matter of course I took legal advice, which was considered and acted upon. At this stage it is impossible to precisely estimate the financial outlay or potential liability that might be involved if the recommendation of the Ombudsman were acceded to.

It is important to note that the Lost at Sea Scheme provided for replacement capacity to be awarded (in the form of gross tons and kilowatts), equivalent to that of the lost vessel, that would otherwise have had to be purchased on the tonnage market. No monetary compensation was provided, the applicant had to have provided a replacement vessel from their own resources, the capacity awarded could not be sold on or otherwise traded, and it could only be used by the applicant or an immediate family member in order to carry on a family tradition in sea fishing.