Éamon Ó Cuív (Galway West, Fianna Fail) | Oireachtas source

That is why I was surprised to hear the Minister made specific comment on aquaculture in Galway Bay at a large meeting of farmers in Claremorris held late last autumn. Would he not agree that if he grants the licence now, in view of the circumstances that have arisen, it is likely to be subject to legal challenge? Would he not agree that it would be much more satisfactory for BIM to withdraw the application and for the law to be changed to put the issue of licences at arm's length from the Minister, which now happens in most cases? For example, with regard to oil permits and the like, which used to be subject to ministerial consents, during the term of the previous Government they were all moved to an arm's length position from the Minister, so the Minister did not become a judge in his own court in regard to applications. Would he not consider this a much more satisfactory process that would engender much more public confidence?

The Minister must note, for example, that Galway County Council last night passed a resolution opposing the proposal as it stands, and, therefore, we need public confidence in the process. Would he not agree it would be much better to introduce legislation transferring this function of granting or not granting the licence to either the EPA or An Bord Pleanála, so the Minister could be actively involved in policy formulation and policy promotion, and where somebody independent would look at the specific proposals and give an independent judgment on that?

Would the Minister agree that unless he does that, this will all be open to a legal challenge that would be likely to succeed?

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