Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

The amendment provides that a fee for an appeal to the appeals office should not exceed €25. It is important not to be overprescriptive and specify an exact amount in this regard in the Bill. I believe any fee that the Minister may determine after enactment of the Bill would be reasonable. It would not be imposed for revenue-raising purposes and would take into account all relevant factors, including the important matter of the master's ability to pay. To be prescriptive in the Bill about the quantum of any fee would unnecessarily compromise the flexibility the Minister of the day should have when determining what fee should apply. In addition, to specify a maximum fee in statute now could mean that any sum specified could become outdated over time due to inflation and, therefore, could require legislative amendment. Accordingly, I do not propose to accept the amendment.

We have seen that with other legislative measures as well, where putting figures into primary legislation which can be there for many years is not the most sensible way to go forward. Certainly, in anything I have done as Minister I have been very proportionate, and the expectation of any Minister of the day is that he or she would be proportionate and reasonable as well. The appeal system is being put in place to facilitate access for fishers to the ability to appeal. It is very important that happens, and that is very much the spirit and purpose behind the Bill overall. Setting a fee which would be prohibitive in that regard would be totally counter to that and would not be appropriate. I believe we should not include a figure there but trust in the common sense of the Minister of the day to ensure the fee is proportionate. Putting it into legislation means that to change it at any stage in future would require the length of time that is involved in bringing primary legislation through both Houses of the Oireachtas and the many Stages involved. The sensible approach here is not to insert the fee figure, but to respect the fact that it is to be a low, proportionate and reasonable figure.