Ballymascanlon Hotel, Dundalk

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1 86 th MEETING OF THE FOYLE CARLINGFORD AND IRISH LIGHTS COMMISSION Attendees Present Winston Patterson (Chairman) Alan McCulla (Vice Chair) Jim Wilson Joe Miller Laurence Arbuckle Phil Mahon Theresa McLaverty Mick Murphy Wednesday 16 th April am Ballymascanlon Hotel, Dundalk In Attendance - Loughs Agency John Pollock Chief Executive John McCartney Director of Conservation and Protection Barry Fox Director of Aquaculture and Shellfisheries Laura McCready (Minutes) 1. Apologies Andrew Duncan Donal Tipping Michael McCormick Seamus Rodgers Kevin Wilson Director of Development Chairman welcomed all to the meeting and thanked the Board for their assistance in the recent recruitment of the CEO. Chairman congratulated John Pollock on his appointment which was made official on 2 nd April 2014 at a North South Ministerial Council meeting. He added that the new CEO contract was a 5 year fixed term contract with annual review which may be extended for a further 2 years following agreement by both Sponsor Departments. 2. Conflict of Interest There were no conflicts of interest with any agenda items. 1

2 CEO reported that there were two outstanding conflict of interest declarations from Andrew Duncan and Don Tipping and asked that these be completed, signed and returned to the Agency as soon as possible. 3. Minutes of the Previous Meeting Theresa McLaverty and Laurence Arbuckle advised that they both attended the last Board meeting but their names had not appeared on the minutes. Minutes to be amended to reflect same. Proposed Mick Murphy Seconded Phil Mahon CEO stated that as the Board were aware they receive the Directors reports in advance of the meetings and these are then copied into the minutes. He added that the minutes were getting very lengthy and suggested that the reports should not be copied into the minutes but would be kept on file for future reference. It was agreed by all that Directors reports would no longer be copied into the minutes but any comments made by Board Members in relation to the Directors reports would appear in the minutes. Proposed Joe Miller Seconded Theresa McLaverty 4. Reserved Minutes There were no reserved minutes to note from the previous minutes. 5. Matters Arising All matters arising from the previous meeting were covered in the Director s updates or agenda items. 6. CEO Report CEO welcomed all to the meeting and advised that Kevin Wilson, Director of Development was unable to attend as his wife, Siobhan, had undergone major surgery and he was with her. The Board asked that their best wishes be passed to Siobhan. 2

3 CEO advised the Board that Mark H Durkan, Minister of the Environment, had recently visited Loughs Agency Headquarters. He added that the Senior Management Team raised issues including the Management Agreement, cross warranting of Conservation and Protection staff and the outreach projects currently being run by the Agency. He added that Mr Durkan was very supportive of the work of the Agency and asked Barry Fox to forward some information to his secretary on the Management Agreement. CEO advised the Board that following an update to the old Foyle Fisheries Pension Scheme the Agency now have the ability to transfer in years of service. He added that following representation made to the Board by Unions on behalf of Agency staff he had met with staff, Unions and the Department of Finance and Personnel (DFP) many times. The meetings have resulted in the Finance Departments insisting that the Agency be brought in line with other public sector bodies, which will mean a number changes including an increase in contributions from Members. CEO added that DFP had said that these changes would be brought in on 1 st April 2014 but have now changed the date to 1 st July CEO stated that the next stage was to dissolve the old Foyle Fisheries Pension Scheme and move to the North South Pension Scheme. CEO thanked the Board for their good wishes in relation to his new post and said he was keen for Board Members to help him with the direction they would like to see the Loughs Agency go in the future. Chairman stated that Members of the Board had suggested in discussions that a special Board Meeting should be called with the CEO in attendance to discuss his new post and the way forward. Alan McCulla suggested the CEO give a presentation at the special Board Meeting and discussions would follow. It was agreed by all that the special Board Meeting would take place following the next Board Meeting on Wednesday 18 th June CEO reported to the Board that there was a lot of potential funding available that the Agency would like to make use of, therefore, he had scheduled a meeting with the CEO of the Special European Programmes Body (SEUPB). He asked if any Board Members had any ideas of potential funding projects that they get in touch with him. 3

4 7. Directors Reports Winston Patterson advised the Board that they had been supplied with the Directors Reports and asked if they had any questions or issues they wished to raise with the Directors. Aquaculture and Shellfisheries Barry Fox, Director of Aquaculture and Shellfisheries provided the Board with his report prior to the meeting but added since his report had been issued there had been a report of alleged theft of seed mussel made to the Garda in Carlingford Lough. Barry reported that Agency staff had completed an underwater camera survey of the seabed and found very little evidence of marks on the seabed. Barry asked if anyone had any questions / comments in relation to his report. In relation to the temporary closure of the fishery at Narrow Water Theresa McLaverty asked if this could be resolved. Barry Fox advised that if it continues to breach statutory samples it will be classified at as class C bed and cannot be used in the Republic of Ireland. Theresa asked if Loughs Agency would contact Northern Ireland Water and view their concerns in relation to same. Barry Fox advised that this is outside of the Agency s remit and would lay with the Food Standards Agency in Ireland. Alan McCulla also voiced concern in relation to Narrow Water and asked if the Food Standards Agency were obligated to write to Northern Ireland Water. Barry advised that he was not aware of any correspondence or investigation. John McCartney stated that as far as he was aware all Agencies were currently investigating this situation at Narrow Water as it could have been cause by sewage or from agriculture. Mick Murphy added that there was a major sewage operation taking place over the next 3 months in Warrenpoint would could help improve the situation. Theresa McLaverty requested an update on Narrow Water at the next Board Meeting and stated that although the Agency do not have statutory responsibility in her opinion they should be keeping a closer watch. Barry Fox advised that the Agency have been in 4

5 contact with the fishermen affected and can raise concerns with the Department of Agriculture and Rural Development. There were no further questions / comments in relation to this report. Corporate Services The Board were provided with a report from the Corporate Services Directorate prior to the meeting. As the Director of Corporate Services post was currently vacant CEO stated that the Board will note from the report that the Chairman of the Advisory Forum, Peter Archdale was due to make a presentation to the Board at this meeting. CEO added that Peter had opted to present at the next Board Meeting instead. CEO provided the Board with a Performance Self-Assessment Checklist for their consideration. He asked that the Board review and provide Laura McCready with any comment. Checklist to be reviewed at the next Board Meeting. There were no further questions / comments in relation to this report. Development Kevin Wilson, Director of Development provided the Board with his report prior to the meeting but had sent apologies to the meeting. CEO stated that if there were any issues that he could not resolve these could be brought to Kevin s attention when he returned from leave. CEO advised that in relation to the Sustainable Development Fund a Post Project Evaluation (PPE) had been forwarded to the Sponsor Departments for consideration. Following a discussion it was agreed that Kevin Wilson and Don Tipping, the Chair of the Development Sub Committee should meet to discuss the way forward and update the Board at their next meeting. Theresa McLaverty asked that Kevin Wilson copy the draft PPE to all the Sub Committee for comment as previously agreed. In relation to the portable marine event platform at Carlingford Lough the Chairman asked if the press launch had been completed yet. CEO stated that he was not aware of such an 5

6 event. Theresa McLaverty also stated that she had not been contacted about a press event but she would like to see this take place. There were no further questions / comments in relation to this report. Conservation and Protection John McCartney, Director of Conservation and Protection provided the Board with his report prior to the meeting and asked if anyone had any questions / comments in relation to his report. Phil Mahon highlighted the Glenshane native riparian tree planting (phase 2) March 2014 and asked if this could be publicised. John McCartney stated that the Agency developed the scheme and asked an Arboriculturist to help out with the design as Glenshane is a Special Area of Conservation and there was an Area of Special Scientific Interest close by. Once designed the Woodland Trust paid for the trees which were planted by Loughs Agency staff. John added that he had asked Arthur Niven to contact Road Service Northern Ireland in relation to erecting signage. Phil asked if a press release had been issued. John stated that it had and it had been also placed on Facebook. Jim Wilson highlighted The Foyle Area and Carlingford Area (Licensing of Fishing Engines) Regulations 2014 and asked why the Department of Agriculture and Rural Development have asked that draft Regulations be completed before further development. John advised that he had been instructed to do so and added that this could add a further 6 moths to 1 year onto a Regulation being implemented. Board Members raised concern in relation to this and asked if John McCartney would discuss this decision at the next Operational Meeting with Sponsor Departments. Jim Wilson asked for further clarification in relation to designating areas as different types of fisheries. John McCartney stated that the Board may recall a Trout Strategy presented to them in the past where the aim of the strategy was to develop a template to conserve and improve wild stocks of Brown and Sea trout, while enhancing the environment for all fish species in the Foyle and Carlingford areas. He continued that the Agency would now like to designate every lake in the Foyle and Carlingford area for specific species. 6

7 Jim Wilson stated that the fish count on the Faughan seemed very high for February. John McCartney stated that this was the first time that the river had got near to its conservation limits in February but it had happened when the independent review of the fish counters was taking place so the information had been taken away to be checked. Laurence Arbuckle stated that he welcomed the independent review of the fish counters as a second opinion was always helpful when Board Members were being lobbied. Laurence Arbuckle advised that he was getting a lot of lobbying in relation to the Moville / Greencastle sewage works and whether or not the Agency had been consulted about the proposal. John McCartney advised that questions have been raised as to whether or not a formal application was made by Donegal County Council to the Environmental Protection Agency (EPA). He added that the EPA had recently advised a member of the Loughs Agency Advisory Forum that they were seeking legal advice as to the status of the application. 8. MMV Ostrea Update Barry Fox advised Members will find in their papers a report detailing the operations of the MMV Ostrea since 6 th February Members are asked to consider this information and advise if any further information is required. Barry added that following a meeting of the MMV Ostrea Sub Committee Ken Walsh was drawing up a specification for an engine package for the Boards consideration. 9. Risk Management Update CEO advised that the Senior Management Team were currently working on the updated Risk Register and this would be presented to the Board at their next meeting. 10. Outturns Against Targets The Board were provided with a copy of the latest Outturn Against Targets. Members were asked to consider and note outturn against the Agency s Business Targets for each of the four Directorates. 7

8 11. IBIS Project Update The Board were provided with a paper written by Paddy Boylan giving them a detailed update on the IBIS Projects and the work currently being undertaken by the students. Alan McCulla highlighted one project in particular he was interested in relating to cod and asked if it would be published on the Agency website. CEO advised that as this was part of a degree course it would more than likely be held by the University for some time before being published. John McCartney suggested that Alan McCulla s knowledge could be communicated to the student. Alan agreed. 12. Audit Sub Committee Update Phil Mahon, Chair of the Audit Sub Committee provided the Board with a written update from their last meeting which took place on 12 th March 2014 together with the minutes from the previous meeting. The Board were also provided with an updated copy of the Audit Sub Committee Annual Report which Phil explained included additional text as suggested by Internal Audit at the recent Sub Committee meeting. 13. Corporate Plan & Business Plan 2014 CEO reported that the Corporate Plan was currently being drafted and would be with the Board for comment as soon as it was complete. In relation to the 2014 Business Plan CEO advised that this was with the Sponsor Departments and following approval by the Departments of Finance and Finance Ministers would then be presented to the North South Ministerial Council for final approval. 14. Internal Audit Report CEO advised the Board that the Agency received a limited opinion in the draft report following the latest Internal Audit. He advised that he and Phil Mahon went through the report as did he and the Corporate Services Manager. The report had then been sent back 8

9 to Internal Audit with the management response and the final agreed report will be copied to the Board when it is available Alan McCulla raised concerns in relation to the limited opinion and this was echoed by the Board. CEO agreed and stated that a draft had been sent to the Accounting Officer in the Department of Agriculture and Rural Development who had requested the CEO meet with him in relation to same. CEO assured that he would raise the concerns of the Board with the Accounting Officer. CEO advised that a timeline for the implementation of the recommendations will be provided to the Board at their meetings as well as to the Audit Sub Committee. He added that management were still working on the report and were hoping for a satisfactory opinion following review. 15. Stewardship Report The Board were provided with a copy of the Stewardship Report for the Agency for period covering 1 st October 2013 to 5 th April 2014 for their information. CEO explained that he is required to complete this every 6 months for the Department of Agriculture and Rural Development. 16. Finance Update The Board were provided with a comprehensive financial commentary from Ann McPherson prior to the meeting for their information. CEO explained that as the Board will note from the report the Agency are currently on target with spend. He added that the Agency s income is reduced by 50,000 due to the reduction in licence sales therefore there was currently an in year bid in with the Department of Agriculture and Rural Development but there was no mechanism to put an in year bid in with the Department of Communication, Energy and Natural Resources. 17. Wild Salmon at Sea John McCartney provided the Board with a copy of the above report for their consideration. He suggested that the Salmon and Inland Fisheries Sub Committee meet to discuss same. Laura McCready to schedule a meeting. 9

10 18. IT Security Presentation CEO advised that this presentation had been postponed and would be scheduled to take place at the next meeting. 19. AOB A Strategic Review of Angling in Northern Ireland The Board were provided with a copy of the above publication for their information. CEO explained that this had been produced in conjunction with the Department of Culture, Arts and Leisure, Sport NI and the Northern Ireland Tourist Board. He added that the document provided 33 recommendations for the development of angling and angling tourism in Northern Ireland but as it was a live document some had already changed slightly. Jim Wilson welcomed the document and this was echoed by the other Board Members. 20. Date and Venue of Next Meeting The next meeting of the Board will be held on Wednesday 18 th June 2014 at 11am in the Silverbirch Hotel, Omagh. 10

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