Written answers
Tuesday, 25 March 2025
Department of Communications, Climate Action and Environment
Departmental Bodies
Roderic O'Gorman (Dublin West, Green Party)
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197. To ask the Minister for Communications, Climate Action and Environment to provide a list of regulatory, appeal or other bodies, either funded by or under the remit of his Department, which are quasi-judicial in nature. [13573/25]
Darragh O'Brien (Dublin Fingal East, Fianna Fail)
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There are a number of bodies under my Department's aegis with powers to make determinations, decisions or authorisations under regulatory functions or appeal functions: the Maritime Area Regulatory Authority (MARA), the Commission for Communications Regulation (ComReg), the Commission for Regulation of Utilities (CRU), the Environmental Protection Agency (EPA), and the Mining Board. With reference to whether any of the bodies are quasi-judicial in nature, their roles and functions are briefly described below.
MARA is an independent body with regulatory functions provided for under the Maritime Area Planning Act 2021, which includes the assessment and granting of Maritime Area Consent (MAC) applications for the maritime area and marine licensing for specified activities, as well as compliance and enforcement functions. Determinations in relation to MARA authorisations can be subject to Judicial Review.
ComReg is an independent body responsible for the regulation of service providers in the electronic communications sector and the postal sector in accordance with the requirements of the Communications Regulation Act 2002 and associated Regulations. It is responsible for the authorisation, licensing and registration of a range of different telecoms and postal services, and has an adjudication regime under which sanctions imposed require confirmation by the High Court.
The CRU is Ireland’s independent energy and water and natural gas regulator set up under the Electricity Regulation Act 1999 (as amended). The CRU grants certain authorisations and licenses, then monitors performance and can modify or revoke those licences if needed. It has powers of investigation and to impose administrative sanctions. Determinations in relation to CRU authorisations can be subject to Judicial Review.
The EPA enforces environmental legislation and carries out other functions in line with the EPA Act 1992, which includes Integrated Pollution Control (IPC) and Industrial Emissions (IE) licensing. Those licences are awarded, refused, or awarded with conditions based on the relevant legislation and the individual facts of each application. The decisions of the EPA can be appealed under the EPA Act 1992 and it is the Courts that decide the validity of the decision under Judicial Review.
The Mining Board is a Statutory Body established pursuant to Section 33(1) of the Minerals Development Act 1940. It is a board appellate that hears appeals in relation to mineral rights, and has powers similar to those vested in the High Court to enforce the attendance of witnesses and examine them on oath. The Mining Board's decisions can be subject to Judicial Review.
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