Éamon Ó Cuív (Galway West, Fianna Fail)
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4. To ask the Minister for Agriculture, Food and the Marine if the European Union has re-opened pilot investigation 764/09/ENVI; the reasons for same; the possible consequences for Ireland arising from this investigation; if any questions have been raised with his Department in relation to the adequacy of the information provided previously to the EU in relation to this investigation; and if he will make a statement on the matter. [53361/13]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Concerns have arisen that investigation 764/09/ENVI was reopened because information was withheld or incorrect information was provided by the Department to the European Union. I ask the Minister to clarify the matter.

Simon Coveney (Cork South Central, Fine Gael)
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I hope the Deputy will understand that I am somewhat limited in what I can say in response to his question. It is not worth reading out the official reply because it does not provide any information. I will, however, read out an information note that has been provided. The matter under examination by the European Ombudsman relates to EU pilot case 764/09/ENVI. In this regard, the Department forwarded all relevant material to the European Commission, including material supplied by Inland Fisheries Ireland. In addition, the Commission arranged for Inland Fisheries Ireland to make a direct oral presentation of its position at a meeting with the Commission on 19 December 2011, at which officials from my Department were also present. Following consideration of the scientific facts underpinning the State's control protocols for the management of sea lice, the European Commission closed the case on 11 October 2012. Throughout the process, the Department maintained the closest engagement with the Department of Communications, Energy and Natural Resources, the parent Department of Inland Fisheries Ireland. At all times, my Department conducted its activities in an appropriate and efficient manner with due regard for the public interest, which was the Department's primary concern throughout.

It is not appropriate for me to provide any further detail. The Department is preparing a file for consideration by the European Ombudsman and Commission. I am confident both bodies will be satisfied with the file when it is presented. We will have an opportunity to address the issue again when the file has been compiled.

Éamon Ó Cuív (Galway West, Fianna Fail)
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Will the Minister confirm that the case has been reopened and requests for information about the case have been received from the European Union? In view of the reopening of the investigation, will further consideration of the fish farm licence application by Bord Iascaigh Mhara in Galway Bay be suspended until the investigation has been completed?

Simon Coveney (Cork South Central, Fine Gael)
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Two entirely separate issues arise. The first is the way in which Ireland manages its control protocols for sea lice. In my view, we do so to a very high standard. The second is a series of applications for aquaculture licences, which includes shellfish and salmon farm licences, and this is not confined to the application on which the Deputy continually focuses because it is politically heated. Legally, I may not arbitrarily decide to suspend a licensing process. Anyone may make an application for an aquaculture licence and all such applications are subject to a process. I do not have the power, nor do I intend, to suspend any application processes.

The Department will do what is required by the Commission to provide clarity on this issue. We will proceed in a proper, independent and rigorous manner to assess all outstanding aquaculture licence applications. The specific licence to which the Deputy refers has been part of a public process. I do not yet have a detailed file on my desk setting out recommendations in that case. I expect to receive a file in the not too distant future, at which point I will be in a position to make a balanced judgment on the application. Until then, the less said about the application, the better.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Minister of State, Deputy Tom Hayes, who is seated beside the Minister, will be able to explain to him that forestry planting applications for grants have been held up by the Department pending the completion of work by the National Parks and Wildlife Service on planting permissions. Given that the Department is holding up applications in another area, it is possible for it do so in this case. I will rephrase my earlier question. Is it intended to suspend further consideration of or decisions on salmon farm applications pending the finalisation of the case to which I refer, which is entirely related to sea lice in farm salmon?

Simon Coveney (Cork South Central, Fine Gael)
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I expect this case to be clarified and closed in the next six or eight weeks and it is highly unlikely that I will make a decision on the licensing of any salmon farm in that period. As a former member of Cabinet, Deputy Ó Cuív will understand, or at least should understand, the legalities surrounding licensing processes and where responsibility and legal obligations lie. We are in the middle of a series of licensing applications for various aquaculture projects, both fin fish and shellfish farming. The applicants have a right to due process and they will receive due process. People who have made objections or commented during the consultation process also have a right to due process and are entitled to be heard. That process is under way. This is a particular issue on which we must provide clarity to the Commission. I am confident that when we provide such clarity, the Commission will be satisfied with the result.