Vol. 436 No. 6
54 Ms Keogh asked the Minister for the Marine if he will make a statement on his response to the request from both the sea fisheries and acquaculture sides for the establishment of an independent licensing body and a transparent appeals mechanism.
There are three essential components to the question raised by the Deputy. These relate to responsibility for the making of policy, responsibility for the execution of policy and to mechanisms for appeal against decisions taken.
The making of policy is a political responsibility vested in the Government and the Minister and overseen by the Houses of the Oireachtas. Responsibility for policy making cannot be devolved to any executive or independent body and any such body would have to observe whatever policy guidelines are laid down. In many areas of administration, and this is especially so in areas of fisheries administration, the difficulties and grievances which many individuals raise relate to policy issues rather than alleged unfairness in handling any particular case.
As regards the issues of licences and leases, one of the key considerations in deciding on structures is the relative cost effectiveness and efficiency of different arrangements. As of now I am satisfied that the devolution of licensing type functions in the Marine area to new executive agencies would not be cost effective. However, there is in progress a review of the licensing process for the aquaculture sector and I will consider carefully in this context the various views received.
The argument for an independent licensing body is sometimes put forward on the basis that there is an inevitable political bias in any system which is under the direct control of a Minister.
I do not accept that this is the case. Moreover, there are ample safeguards via the Office of the Ombudsman and the Courts to ensure that the citizen is protected against any unfairness in the making of individual decisions.
