David Stanton (Cork East, Fine Gael)
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Question 35: To ask the Minister for Communications, Energy and Natural Resources the position regarding the weir on the River Blackwater at Fermoy, County Cork; and if he will make a statement on the matter. [23053/10]

Conor Lenihan (Dublin South West, Fianna Fail)
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The Deputy will be aware of the background in relation to fish passage at the Fermoy weir and the need to ensure compliance with the Habitats Directive in this regard.

On taking up responsibility for the inland fisheries brief, I reviewed the approach to resolving the barrier to fish passage at Fermoy. I was aware of the importance of ensuring that progress was made and the need to avoid further delays.

I wish to emphasise to the House that at no time has the removal of the weir ever been contemplated for the purpose of addressing the barrier to fish passage or installing a rock ramp pass.

I have made major efforts to engage with the Council, the rowing club and other interests in Fermoy, including local Deputies, in order to discuss their concerns in relation to this matter and their views on how the requirements for rowing and fish passage could be met.

On foot of my discussions with interested parties and contacts with the European Commission and the Attorney General, I agreed to afford the Council an opportunity to implement its preferred solution of repairing the existing fish passes in the weir.

That was not an easy decision for me to make in the light of the technical advice I received which stated that the repaired pass would not solve all the problems of fish passage.

I have given the Council every opportunity to act immediately and with speed to carry out the works they envisage in the repair of the existing fish pass.

I now urge Fermoy Town Council to carry out the works as directed. I would add that I also made it abundantly clear that if that solution did not work, then I would have no alternative, indeed no hesitation, in requiring the rock ramp proposal to proceed.