Pat Gallagher (Donegal South West, Fianna Fail)

Amendments Nos. 1 to 4, inclusive, relate to the Fisheries (Amendment) Act 1997, which provides for an aquaculture licensing regime in Ireland, albeit one which does not apply to the Foyle area. These amendments have been tabled to take account of the fact that it is possible that licences may be issued in the Louth area under the 1997 Act at the same time as the provisions concerning aquaculture in the legislation are commenced. Aquaculture licences issued under the 1997 legislation do not take effect for a period of one month from the date of the publication of the decision to grant the licence. The reason for this is to allow persons aggrieved by a decision which finds in their favour an opportunity to appeal.

The purpose of amendment No. 1 is to ensure the one-month period is retained to respect the right of an aggrieved person to appeal a licensing decision. Amendment No. 2 ensures that the appeals provisions of the Fisheries (Amendment) Act 1997 will apply in the case of licences issued under the Act at the time of the commencement of the legislation. On commencement of the legislation, licences issued under the 1997 Act are deemed to be licences issued by the commission under this Bill. This amendment provides that in an instant where the one-month period for making an appeal is still ongoing after the commencement of the legislation and an appeal is made against the decision to grant the licence, the appeal shall be made in accordance with the provisions of the 1997 Act.

Amendments Nos. 3 and 4 are technical consequential amendments to take account of changes of the numbering as a result of the insertion of the new subsection (2) by amendment No. 2. The amendments, which have been proposed in the interests of those who wish to appeal a decision are laudable and I hope the House will accept them.