Written answers

Tuesday, 20 June 2017

Department of Agriculture, Food and the Marine

Aquaculture Licences

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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1713. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 240 of 25 May 2017, his plans to commission an independent review of his Department's organic certification system for farmed salmon; and his further plans to withdraw organic certification from salmon farms pending the outcome of that review. [28830/17]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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The certification system for organic salmon in Ireland is subject to ongoing review and assessment by my Department and was also included in last year’s comprehensive audit by the EU of the controls applied by Ireland in the organic sector generally.  The EU team had a number of specific recommendations to make in relation to aquaculture, including the inspection of organic salmon farms, which my Department recognises as constructive and which are being implemented.  I have no plan for a further independent review of the nature suggested by the Deputy.  However, as indicated in previous replies to similar questions from the Deputy, my Department is reviewing compliance by a specific operator with the existing suite of organic requirements.  Investigations and reviews of this nature are an important part of my Department’s controls in this area.

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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1714. To ask the Minister for Agriculture, Food and the Marine further to parliamentary question number 241 of 25 May 2017, if his department's fisheries and marine division controls all elements of aquaculture licensing from initial application to appeals against ministerial decisions; and his views on whether this serves to thwart the intentions of the Houses of the Oireachtas which established the regulatory agencies such as the Marine Institute and the Sea Fisheries Protection Authority as independent bodies, in view of the fact that it undermines public confidence in the integrity of the licensing system, that the payment of grants to operators licensed under such a compromised system may be in breach of legislation and that the continued operation of this system by his department amounts to maladministration. [28831/17]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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The issues referred to by the Deputy are managed by my Department strictly in accordance with applicable legislation.

All applications for aquaculture licences are considered by my Department under the provisions of the 1997 Fisheries (Amendment) Act and related legislation.

There is always a strict separation between my Ministerial role as decision maker in respect of aquaculture licence applications and my Ministerial duty to promote the sustainable development of the industry. This separation of duties is strictly observed.

The Sea Food Policy Management Division of my Department is responsible for corporate governance oversight of the independent Aquaculture Licensing Appeals Board (ALAB). The Board was established under Section 22 of the Fisheries (Amendment) Act, 1997. The function of the Board is to provide an independent authority for the determination of appeals against Ministerial decisions in respect of aquaculture licences.

The Sea Fisheries Protection Authority (SFPA) was established by the Sea-Fisheries and Maritime Jurisdiction Act 2006 which provides that the Authority is independent in the exercise of its functions.  Specifically, Section 46 of the Act provides that the Minister may give such general policy directions in writing to the 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.

The Marine Institute (MI) was established under the Marine Institute Act 1991. As the State agency responsible for marine research, technology development and innovation in Ireland, it provides scientific and technical advice to Government to help inform policy and to support the sustainable development of Ireland’s marine resource.

Under the Sustainable Aquaculture Scheme implemented as part of the European Maritime and fisheries Fund Operational Programme 2014-20, supports for capital investment in aquaculture are confined strictly to aquaculture enterprises that are fully compliant with the terms and conditions of their aquaculture and foreshore licences. Supports for capital investment in aquaculture sites located in Natura 2000 areas are available only to sites that are fully licensed in compliance with the Habitats and Birds Directives.

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