Thursday, 26 May 2022
Department of Agriculture, Food and the Marine
409. To ask the Minister for Agriculture, Food and the Marine if a performance protocol or service-level agreement is in place between his Department and the Aquaculture Licences Appeals Board setting out inter alia the maximum length of time that it should take for an appeal to be decided on; if so, if this protocol or agreement is available publicly; the method by which this is monitored for performance; the steps that have been taken to ensure compliance with the protocol; and if he will make a statement on the matter. [26999/22]
The Aquaculture Appeals Board was set up under the Fisheries (Amendment) Act, 1997, as amended. The Act provides for the establishment of an independent Board for the determination of appeals against decisions of the Minister for Agriculture, Food and the Marine on aquaculture licence applications. Section 56 of the Act sets out the timeframes for determination of appeals.
The Fisheries (Amendment) Act, 1997, section 62 (2) provides as follows: “Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to a particular case which the Board or an officer to whom functions have been delegated under section 21 (1) is or may be concerned.”
The Department has in place an Oversight and Performance Delivery Agreement under the Code for Governance of State Bodies. This agreement does not involve any operational matters relating to the performance of the Board in line with the provisions of the Act that the Board is independent in the exercise of its functions.