Mr. John Quinlan:

The Senator has pointed to something that we encounter all of the time in terms of aquaculture. There are a number of perspectives involved. The Department's perspective is determined by the legislation. We do not enact the legislation but we are obliged in law to implement it. It is not open to us to depart from it as it would be a breach of the law and would amount to maladministration.

The case was on my desk for a long time last year so while I am reasonably familiar with it, I am recalling it from memory. Therefore, if I make a mistake in my statement I shall correct it quickly afterwards.

The question of the newspaper became a topical issue. The legislation stipulates a newspaper circulating in the area. The Donegal Democrat, as a matter of fact, does circulate in the area and we checked that it can be purchased. It is general for us to use that particular newspaper in Donegal, as it is with other local newspapers in other regions. At the time we received some comments that we should have used a number of other newspapers, one of which was published outside of the jurisdiction. There is a question here of what is practical and reasonable.

I should also point out, as Dr. Beamish has, that the statutory consultees, including the local authority, were consulted in this case in the normal way. Also, the Minister's decision, when it was taken, was published in the normal way. Again, the opportunity for going to the Aquaculture Licences Appeals Board, ALAB, is 28 days or one month. I am open to correction about the time but it is about that length of time. That, too, is set out in legislation.

The Department cannot - I repeat cannot - depart from what is said in legislation because it is there to protect the public and the individual member of the public who has applied for an aquaculture licence. If the Department had departed from the legislation it rightly would have been held to account either through ALAB or a judicial review of procedures. I know that because of the interest that existed at the time, an enormous amount of examination of the Department's procedures took place. They were not found to be at variance with the legislation. I hope my explanation has been helpful.