Robert Molloy
Question:15 Mr. Molloy asked the Minister for the Marine if it is proposed to introduce a statutory sea fisheries licensing appeals mechanism; and, if not, the reason therefor. [9017/97]
Written Answers. - Fishing Vessels Licensing.
As I advised the Deputy on 13 March last, I have no plans to introduce a specific separate statutory independent appeals system for fishing vessel licensing. The principal reason I take this view is that there is already available an independent statutory mechanism, i.e., the office of the Ombudsman, which affords any person with a grievance about a licensing decision ready and inexpensive access to an authoritative system of review in which all Department papers and the relevant Departmental staff are available to assist the Ombudsman in the interest of fair play.
The Department may be drawing an analogy with the introduction of an independent appeals mechanism for aquaculture licensing which is proposed under the Fisheries (Amendment) Bill currently before the House. In the case of the aquaculture industry there are obvious linkages with the norms and procedures in planning law generally. The issue of an aquaculture licence especially in areas outside the jurisdiction of a local authority involves the Minister in discharging a planning type function where public notice procedures and the interests of all relevant parties must be taken into account. It is entirely reasonable that such a function should be subject to an independent appeals mechanism. By contrast fishing boat licensing involves the consideration of individual applications which are governed explicitly by pre-set policy criteria which are in turn set against the background of European Union fleet policy which constrains the fishing fleet capacity of member states. The rules applied to the granting of licences are relatively simple and clearcut. If the applicant meets the requirements then a licence issues as a matter of course. Most of the difficulties which arise in relation to the licensing system are not about any alleged unfairness in its administration but rather about the policy guidelines themselves especially the current replacement requirement.
In this regard and I have already explained to the House today the reasons the new EU fleet plan will not, in our assessment, materially impact on the Irish fleet over the next five years in terms of percentage reductions. But fleet capacity will continue to be constrained by reference to overall fleet targets. Sea fishing boat licensing will, therefore, continue to be designed to maintain strict control on all proposed new entrants into the Irish fleet. Licences can only be approved where the applicants undertake to remove capacity from the Sea Fishing Boat Registry which is at least equal to that of the proposed new capacity. I do not envisage any change in that fundamental policy parameter.
While I do not see the need for an independent licensing appeals system, I do accept that there is room for improvement in the present level of service to fishermen which I believe we can deliver without recourse to new statutory arrangements.
The volume of licence applications and the number of transactions on the fishing vessel register has increased significantly in recent years. This has significantly increased the workload of the relevant unit in the Department and as part of the ongoing strategic management initiative within the Department the staffing and other resources of this unit are being critically reviewed with a view to improving the efficiency and effectiveness with which licence and registration applications are processed in order to deliver a better customer service to the fishing sector.