Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

The nature of an appeal process is that the appeals body can overturn as well as agree with the decision made initially. That is a matter for it to consider in accordance with the legislation. The legislation is comprehensive, taking into account all environmental considerations and the potential impacts of an application. The application the Deputy is referring to is under the consideration of the Aquaculture Licences Appeals Board. It is a matter entirely for it. It would be unfair to assume that an appeals body can only make a decision in one direction. It must look at every decision in detail in a way that fully assesses all the legal requirements on it and then come to a decision consistent with those laws and regulations. That is the approach that the Department in its initial decision and the Aquaculture Licences Appeals Board must follow.

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