Oireachtas Joint and Select Committees

Thursday, 10 April 2014

Joint Oireachtas Committee on Agriculture, Food and the Marine

Aquaculture Licences Appeals Board: Chairman Designate

10:30 am

Ms Imelda Reynolds:

In response to Deputy Pringle, I will probably be more comfortable in this chair in six months' time - or maybe not. I do not know. What made me apply for the role? I was asked if I was interested. I am interested in making a contribution to public service and the public sector. This seemed to meet my skills and I like a challenge. It is also a new area so I thought it would be interesting to come to grips with it. Those things attracted me to the role.

The Deputy asked whether I had any observations about the fact that 100% of appeals were granted in 2012 and two deferred. I do not have any view on whether that is appropriate or not. I would expect that the board gave due consideration to each appeal on its own merits. It may be a recognition of the thoroughness of the process that the Minister goes through before he grants a decision. I just do not know. I am not sure it is appropriate to apply statistics to something like this because each appeal would be considered on its merits and a decision would be made on that basis. Following on from that, the Deputy asked about the level I would expect. The answer is that I do not know. The right decision in each case is what one would hope to deliver.

I already mentioned the four-month period. This morning, I was trying to figure out from the Act when a decision would get to the board if an appeal were made. If the four months starts from the date of notification, by the time the third parties and the Minister have had their opportunity to have an input into it and if there are any technical advisers and reports to be commissioned, it could be three months before it gets to the board. It does look like a challenge to meet the four-month requirement.

The Deputy also asked about the technical reports and my view on whether the board would accept or reject them. I do not know. I understand a full-time technical adviser was allocated to the board in years past but because of the reduction in the number of appeals in the past number of years, that adviser is no longer there and technical advisers are contracted in as required. I have no great sense of how that works and how effective or efficient it is. I know that the entire Department file and reports are given to ALAB for the purposes of considering the appeal. Presumably, one has the benefit of any technical reports that are there, which would presumably include reports from parties that might object, so I would expect that a variety of reports would be available for review. If one has a variety of reports, one will probably accept some of them more than others, but I do not know how that will work in practice. That is something I really need to see once I get going on it.

The Deputy then asked how I see the board's role in the implementation of the policy document Harnessing Our Ocean Wealth. The board is constrained. It is not a policy-making body. It is an appeals board which is concerned with the processing of appeals. While I would like to think that the board would not hold up commercial enterprise, it is just a cog in the wheel. It is not the policy-making body. One would like to think, as I mentioned in my presentation, that it will add to the calibre of the licensing process as a whole and Ireland's ability to be seen to be a place in which to do business. Apart from that, I do not see it as driving any development as such.

Deputy Heydon asked about whether I feel I have a lot to learn. He probably realises from listening to me that I have a lot of learn. I suspect that if I listen back to this in 12 months' time, I will say "Oh my goodness, what was I talking about?". I have no background in the area so I have a lot to learn about the aquaculture industry. What would I like to have achieved at the end of my tenure?

For licence holders and applicants and people who might object to licences, there should be a sense that the process is fair and that it operates efficiently. That is as much as I could hope to achieve at the end of the day.

The Aquaculture Licenses Appeals Board is completely neutral. Only three appeals are ongoing, although the number has been higher in previous years. Senator Pat O'Neill is correct that the Minister has access to more resources than the board, but these resources, in terms of technical reports, are sent to us for review.

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