Oireachtas Joint and Select Committees
Thursday, 10 April 2014
Joint Oireachtas Committee on Agriculture, Food and the Marine
Aquaculture Licences Appeals Board: Chairman Designate
10:00 am
Ms Imelda Reynolds:
I thank the joint committee for giving me the opportunity to appear before it. As members probably know, my background is in the legal profession. I have been a practising solicitor for 27 years. I have outlined my professional and academic experience in the document which has been submitted to the committee and which, I hope, has been circulated. I will be happy to answer questions members have on it.
In addition to having been a legal practitioner, I was an elected council member of Dublin Chamber of Commerce for ten years, from 2003. I was president of the chamber in 2011. During the ten years I served for a term on the board of Chambers Ireland. I have been a member of the governing body of Dublin Institute of Technology, DIT, since 2008. I chair its audit committee and have done so since 2010. I have been a board member of the Dublin Docklands Development Authority since 2012. I am a member of the planning sub-committee of that board and I am also a member of the regulation of practice committee of the Law Society of Ireland. My mix of legal and commercial skills and expertise, allied with my managerial experience from my law practice and my governance experience, will assist me in discharging the duties of chairman of the Aquaculture Licenses Appeals Board.
Before commenting on the role of chairman designate, I wish to make two observations. First, in my career to date I have never had any conflict of interest in the area of aquaculture. This will allow me to be independent and impartial, which will be imperative in carrying out my role. Obviously, I have had to do a lot of reading to brief myself. I have reviewed the Act that serves as the basis on which the board operates and the annual reports of the Aquaculture Licenses Appeals Board from 2009. I have had the benefit of a comprehensive briefing from the Department's fisheries division. I have reviewed the marine plan, Harnessing Our Ocean Wealth, 2012. I have had the opportunity to read the very comprehensive report of the Joint Sub-committee on Fisheries, Report on Promoting Sustainable Rural Coastal and Island Communities, published earlier this year. I found it very helpful, particularly its analysis of the aquaculture industry, both in Ireland and elsewhere in the European Union. I noted with some interest the sub-committee's recommendations concerning the existing licensing regime.
My second observation is that the role of chairman of the Aquaculture Licenses Appeals Board is prescribed by section 26 of the Fisheries (Amendment) Act 1997. Perhaps I am more constrained in my remit than other chairmen designate who may appear before the committee. The chairman's role, as outlined in section 26, is to ensure the efficient performance of the functions of the Aquaculture Licenses Appeals Board. My vision for the role of chairman which I was asked to outline is to fulfil this statutory obligation to the best of my ability, bringing my legal, managerial and governance skills to bear on it for the benefit of the Aquaculture Licenses Appeals Board. I hope to do so with the benefit of the board, the members of which have a range of skills, particularly in the area of aquaculture licensing.
I am acutely conscious that the function of the Aquaculture Licenses Appeals Board is to provide an independent authority for the determination of appeals against decisions of the Minister for Agriculture, Food and the Marine on aquaculture licence applications. Therefore, in fulfilling the role of chairman, my objective is to maintain its independence and impartiality at all times.
There is a statutory responsibility on the Aquaculture Licenses Appeals Board under section 56 of the 1997 Act to ensure appeals are dealt with and determined expeditiously and that all steps are taken to avoid unnecessary delays. I look forward to chairing a board that will make logical, coherent and rational decisions in an efficient way in accordance with the requirements of the 1997 Act.
I am aware that the difficulties caused by the 2007 European Court of Justice judgment against Ireland, as a consequence of the Natura 2000 directive, have meant Ireland has lagged behind its competitors in its development of aquaculture as an industry. Therefore, there has been little activity with the Aquaculture Licenses Appeals Board in recent years. There may well be some pent-up demand in the short term as the Minister sets about granting licences.
With regard to my strategy for realising the vision or meeting the statutory obligations imposed on the chairman of the Aquaculture Licenses Appeals Board, I plan, in the first instance to meet the personnel in the section, to be briefed on the work in hand for the board and then to meet the board as soon as possible with a view to making progress. In that regard, the secretary of the Aquaculture Licenses Appeals Board was in touch with me yesterday with a view to organising an early meeting. There is a board meeting scheduled for next Tuesday at 9 a.m. I hope the meeting will take place and that I will be briefed in advance. Obviously, work is starting immediately.
In appearing before the committee I have been asked to address the challenges and priorities I have identified in taking on the role. It is difficult to do so without having met the board or the secretariat. However, I noted the concern expressed by the Joint Sub-committee on Fisheries about whether sufficient resources were being deployed to process existing aquaculture applications. I do not know whether that is a reference to resources within the Department in processing initial applications or whether it extends to appeals. A priority on my appointment will be to review the resources of the Aquaculture Licenses Appeals Board and consider whether they are sufficient to enable the efficient processing of aquaculture licences.
It is clear that Ireland has a tremendous opportunity to develop a competitive and sustainable aquaculture industry, providing long-term employment and high quality seafood. The sub-committee noted that this could take place only if there was full compliance with all relevant legislation and if a sound regulatory system was implemented that had the confidence of both the public in general and the European Commission. An effective and efficient licensing appeals process is an important part of this. With the committee's approval, I very much look forward to playing a role in realising what will be a very exciting opportunity for the country as a whole.
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