James Bannon (Longford-Westmeath, Fine Gael)
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582. To ask the Minister for Communications, Energy and Natural Resources if he has requested Inland Fisheries Ireland to provide a full report on the incident in April 2014 in which more than 300,000 juvenile eels were killed at the bottom of the dam at Cathaleen's Falls in what was the largest documented fish kill ever to have occurred here; and if he will make a statement on the matter. [8779/15]

James Bannon (Longford-Westmeath, Fine Gael)
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583. To ask the Minister for Communications, Energy and Natural Resources if his Department has taken a decision on whether to prosecute the Electricity Supply Board over a major kill of critically endangered juvenile eels at the hydroelectric installation on the River Erne, County Donegal; and if he will make a statement on the matter. [8780/15]

Joe McHugh (Donegal North East, Fine Gael)
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I propose to take Questions Nos. 582 and 583 together.

ESB own and operate the Hydro-Electric facility at Cathaleen Falls on the River Erne. I can confirm that Inland Fisheries received a report from ESB shortly after the incident.

I am advised that because of the trans-boundary nature of the River Erne, protocols to facilitate passage of juvenile eels, agreed between ESB, IFI and the Department of Culture Arts and Leisure (DCAL) in Northern Ireland, have been in place for a number of years and positive co-operation between all three bodies is ongoing. The ESB report was also provided to DCAL.

ESB also operate trap and transport arrangements for the transport of mature eels around Hydro-Electric plants.

An important outcome of the report and the ongoing co-operation is to ensure that such regrettable incidents do not happen again. In that regard revised protocols around ensuring safe passage for juvenile eels have been agreed with all concerned and put into operation by ESB. I intend to visit Cathaleen’s Fall and view the operation of the improved protocols at first hand and I have extended an invitation to the Minister for Culture Arts and Leisure in Northern Ireland.

In relation to the incident itself, as the Deputy points out my Department and IFI are aware of the significant scale of the fish kill and the complexities involved. My Department is liaising directly with DCAL to bring satisfactory closure to the issue.

The matter of a possible prosecution is one for IFI. I am advised that because of the scale of the fish kill and in line with existing IFI policies, IFI referred the matter to its legal advisers. In view of that it would be inappropriate to comment further on the matter at this time.