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Sea-Fisheries Protection Authority

Dáil Éireann Debate, Wednesday - 3 March 2021

Wednesday, 3 March 2021

Questions (1077, 1078, 1079, 1080)

Cormac Devlin

Question:

1077. Deputy Cormac Devlin asked the Minister for Agriculture, Food and the Marine if the Attorney General nominated for appointment by the Sea-Fisheries Protection Authority three independent legal professionals to the determination panel for the purpose of SI 318 of 2020 - European Union (Common Fisheries Policy) (Point System) Regulations 2020. [11608/21]

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Cormac Devlin

Question:

1078. Deputy Cormac Devlin asked the Minister for Agriculture, Food and the Marine if the Attorney General conducted an application process or otherwise invited applications from independent legal professionals for the appointment of three independent legal professionals to the determination panel for the purpose of SI 318 of 2020 - European Union (Common Fisheries Policy) (Point System) Regulations 2020. [11609/21]

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Cormac Devlin

Question:

1079. Deputy Cormac Devlin asked the Minister for Agriculture, Food and the Marine if the Attorney General has nominated for appointment an appeals officer for the purpose of SI 318 of 2020 - European Union (Common Fisheries Policy) (Point System) Regulations 2020. [11610/21]

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Cormac Devlin

Question:

1080. Deputy Cormac Devlin asked the Minister for Agriculture, Food and the Marine if the Attorney General conducted an application process or otherwise invited applications from suitable candidates namely barristers or solicitors of not less than five years standing for the nomination for appointment of an appeals officer for the purpose of SI 318 of 2020 - European Union (Common Fisheries Policy) (Point System) Regulations 2020. [11611/21]

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Written answers

I propose to take Questions Nos. 1077 to 1080, inclusive, together.

As the Deputy may be aware, the European Union (Common Fisheries Policy)(Point System) Regulations 2020 (SI No. 318 of 2020) were signed into force in August 2020. I am informed by the Sea Fisheries Protection Authority that the Determination Panel provided for thereunder was established on 21st January 2021.

Regulation 5(5) of the SI provides that the Sea Fisheries Protection Authority shall appoint, on such terms and conditions as are specified in writing, to the Determination Panel 3 independent legal professionals nominated by the Attorney General. In this regard, I can inform the Deputy that the Attorney General nominated Mr Simon Boyle SC, Mr John Punch SC and Mr Mark Harty SC.

Regulation 11(1) of SI 318 provides that “the Minister shall appoint, on such terms and conditions as are specified in writing, one or more than one person nominated by the Attorney General, who is a practising barrister or solicitor of not less than five years standing, to consider an appeal...”. In this regard, I can inform the Deputy that the Attorney General nominated Mr Patrick McGrath SC.

I am advised that the Attorney General made these nominations taking into account such factors as the background, experience and suitability of each nominee and their familiarity with litigation and judicial review.

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