Clare Daly (Dublin Fingal, Independent)
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181. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 372 of 14 November 2017, his views on whether the location of the divisions and agencies he has listed within the seafood branch of his Department demonstrates the conflict of interest between the regulation of aquaculture and the development of aquaculture as operated by his Department; and his further views on whether this represents maladministration on the part of his Department. [52562/17]

Michael Creed (Cork North West, Fine Gael)
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The Department has five distinct Marine Divisions. These are the Sea Fisheries Administration Division, Sea Fisheries Policy & Management Division, Marine Programmes Division, Marine Engineering Division and the Aquaculture and Foreshore Management Division. 

The Marine Agencies Governance Unit, located within the Sea Fisheries Policy & Management Division of my Department, is responsible for corporate governance oversight of the Marine Institute (MI), Bord Iascaigh Mhara (BIM), Sea Fisheries Protection Authority (SFPA) and the independent Aquaculture Licensing Appeals Board (ALAB). The oversight role of the Department in this respect is to ensure that each of the marine agencies is and remains compliant with the revised code of practice for the Governance of state bodies (2016).

The marine related policy functions which fall under the aegis of this Department are managed in accordance with relevant applicable legislation. Marine  policy functions are located within a number of Divisions within the Department.   Aquaculture policy is within the remit of the Marine Programmes Division, a separate Division to the Division that is responsible for corporate governance.   Aquaculture licence applications are considered  by the Aquaculture and Foreshore Management Division of the Department in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation.  The legislation provides for a period of statutory and general public consultation in respect of every application.  Decisions on applications are made following the fullest consideration of all environmental, technical, legislative and public interest aspects of each application.  In addition, it is open to any member of the public to appeal the Minister’s decision to the Aquaculture Licences Appeals Board (ALAB), an independent authority for the determination of appeals against decisions of the Minister for Agriculture, Food and the Marine on aquaculture licence applications. A person aggrieved by a decision of the Minister on an aquaculture licence application, or by the revocation or amendment of an aquaculture licence, may make an appeal within one month of publication (in the case of a decision) or notification (in the case of revocation/amendment). The secretariat of the board is located in Kilminchy Court Dublin Road Portlaoise Co. Laois. Email: info@alab.ie

As referred to above, my Department operates a clear divisional based structure with five distinct Marine Divisions dealing with the various marine policy functions assigned to it. I am satisfied that the issue of any  conflict of interest or maladministration therefore does not arise.