PART III

Appeals and Related Matters

Chapter I

Aquaculture Licences Appeals Board

Aquaculture Licences Appeals Board.

22. —(1) There is hereby established, on such day as shall be appointed for that purpose by order of the Minister, a body to be known as the Aquaculture Licences Appeals Board, to perform the functions assigned to it by this Act.

(2) The provisions of the Schedule shall have effect in relation to the Board.

Membership of Board.

23. —(1) The Board shall consist of a Chairperson and six other members.

(2) The Chairperson shall be appointed by the Government.

(3) The Minister shall prescribe not less than two organisations which, in the Minister's opinion, are representative of each of the following classes of organisation:

(a) organisations which, in the Minister's opinion, are concerned with the promotion of the development of aquaculture or are representative of persons carrying on the business of developing aquaculture;

(b) organisations which, in the Minister's opinion, are concerned with the conservation, development and protection of wild fisheries;

(c) organisations which, in the Minister's opinion, are representative of persons whose professions or occupations relate to physical planning and development;

(d) organisations which, in the Minister's opinion, are representative of persons concerned with the protection and preservation of the environment and amenities;

(e) organisations which, in the Minister's opinion, are concerned with the promotion of general economic development; and

(f) organisations which, in the Minister's opinion, are concerned with the promotion of community development.

(4) Subject to subsection (5), the Minister shall appoint as members of the Board from amongst those persons nominated by each of the classes of organisations prescribed under subsection (3) one member to represent each class of organisation, or in default of such nominations after the Minister has given each a reasonable opportunity to do so, then from among such persons as the Minister thinks fit.

(5) Where because of the illness of the Chairperson or of any other member, or for any other reason, a sufficient number of members of the Board is not available to enable the Board to perform its functions effectively, the Minister may appoint a person who, in the Minister's opinion, has the appropriate knowledge or experience in matters relevant to the functions of the Board to act as a member of the Board in place of an absent member during the absence.

(6) An organisation prescribed under subsection (3) shall, whenever so requested by the Minister, select such number of candidates (not being less than two), as the Minister may specify for appointment as members of the Board and shall inform the Minister of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment.

(7) Subject to subsection (5) and except in the case of a reappointment under section 24 (1) (b), the Minister shall not appoint a person to be a member unless the person was amongst those selected pursuant to a request under subsection (6) in relation to that appointment, but—

(a) if all of the appropriate organisations refuse or fail to select any candidate, or

(b) if the Minister decides not to appoint as a member any of the candidates selected by such organisations,

pursuant to a particular request under subsection (6), then either—

(i) the Minister shall appoint as a member a person who was amongst those selected by such an organisation pursuant to a previous request (if any) under that subsection in relation to that appointment, or

(ii) the Minister shall make a further such request and shall appoint as a member a person who was amongst those selected pursuant to that request made in relation to the appointment.

(8) Where a request is made under subsection (6) or (7)(ii), failure or refusal by the organisation of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as a member of a person who was selected in relation to that appointment either by the organisation or by any other organisation.

Tenure of office of Chairperson and members of Board.

24. —(1) Subject to this section—

(a) the Chairperson shall hold office for a period of five years, and may be reappointed for a second or subsequent term of office; and

(b) a member of the Board, other than the Chairperson, shall hold office for such period, not exceeding five years, as shall be specified by the Minister when appointing the member, and may be re-appointed for a second or subsequent term of office.

(2) The Chairperson or other member of the Board may resign the office of Chairperson or member, as the case may be, by letter addressed to the Minister, and the resignation shall take effect on the date of the receipt of the letter by the Minister.

(3) The Chairperson or other member of the Board shall vacate the office of Chairperson or member, as the case may be, on attaining the age of 70 years.

(4) Where the Chairperson or other member of the Board—

(a) accepts nomination as a member of Seanad Éireann,

(b) is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

(c) is regarded, pursuant to section 15 (inserted by the European Parliament Elections Act, 1993) of the European Assembly Elections Act, 1977, as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon cease to be the Chairperson or a member of the Board, as the case may be.

(5) The Minister may remove the Chairperson or other member of the Board from office—

(a) if the Chairperson or member becomes incapable through ill-health of effectively performing his or her functions,

(b) for stated misbehaviour, or

(c) if the Chairperson's or member's removal appears to the Minister to be necessary for the effective performance by the Board of its functions,

and the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for any such removal.

(6) Where the Chairperson or other member of the Board—

(a) is adjudged bankrupt or makes, under the protection or procedure of a court, a composition or arrangement with creditors, or

(b) is convicted on indictment by a court of competent jurisdiction,

he or she shall thereupon be disqualified from holding, and shall cease to hold, office as Chairperson or member, as the case may be.

Remuneration, etc., of Chairperson and members of Board.

25. —There shall be paid by the Board to the Chairperson and each other member of the Board such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

Chairperson to ensure efficient performance of functions of Board.

26. —(1) It shall be the function of the Chairperson, or, where he or she is not available or where the office of Chairperson is vacant, the Deputy Chairperson, to ensure the efficient performance of the functions of the Board.

(2) Where the Chairperson is of the opinion that the conduct of a member of the Board has been such as to bring the Board into disrepute or has been prejudicial to the effective performance by the Board of its functions, the Chairperson may, in his or her absolute discretion—

(a) require the member to attend for interview and on the member so attending interview the member privately and inform the member of that opinion, or

(b) otherwise investigate the matter and, if he or she considers it appropriate so to do, report to the Minister the result of the investigation.

Deputy Chairperson.

27. —(1) The Minister shall appoint from amongst the members of the Board a person to be the Deputy Chairperson of the Board for such period, not exceeding the period remaining to be served of the member's current term of office as a member of the Board, as the Minister thinks fit and specifies at the time of the appointment.

(2) If the Deputy Chairperson ceases to be a member of the Board, he or she shall thereupon cease to be Deputy Chairperson.

(3) The Deputy Chairperson shall, in addition to his or her remuneration as a member of the Board, be paid by the Board such additional remuneration, if any, as the Minister, with the consent of the Minister for Finance, determines.

(4) The Deputy Chairperson may resign the office of Deputy Chairperson by letter addressed to the Minister and the resignation shall take effect on the date of the receipt of the letter by the Minister.

Meetings and procedure of Board.

28. —(1) The Board shall hold such meetings as may be necessary for the performance of its functions.

(2) Subject to section 34 (l)(d), the Chairperson and each other member, at a meeting of the Board, shall have a vote on any matter before the Board.

(3) At a meeting of the Board—

(a) the Chairperson, if present, shall preside,

(b) if and for so long as the Chairperson is not present, or if the office of Chairperson is vacant, the Deputy Chairperson shall, if present, preside, or

(c) if and for so long as the Chairperson is not present or the office of Chairperson is vacant and the Deputy Chairperson is not present or the office of Deputy Chairperson is vacant, the members present shall appoint one of their number to preside.

(4) Every question at a meeting of the Board shall be determined by a majority of votes of the members present and, in the event that voting is equally divided, the person presiding shall have a casting vote in addition to his or her deliberative vote.

(5) Subject to any provision of this Act or any regulation made under this Act which regulates or otherwise affects the procedure of the Board, the Board shall regulate its own procedure.

(6) Subject to subsections (7) and (8), the Board may perform any of its functions through or by the Chairperson or any other member of the Board or other person who, in either case, has been duly authorised by the Board in that behalf.

(7) Subsection (6) shall be construed as enabling a member of the Board finally to determine a particular case only if the case has been considered at a meeting of the Board before the giving of the authorisation.

(8) Subsection (6) shall not be construed as enabling the Board to authorise a person who is not a member of the Board finally to deter-mine a particular case with which the Board is concerned.

Board's quorum, vacancies, etc.

29. —(1) The quorum for a meeting of the Board shall be four.

(2) Subject to subsection (1), the Board may act notwithstanding a vacancy in the office of Chairperson, Deputy Chairperson or among the other members.

(3) Where a vacancy occurs in the office of Chairperson, Deputy Chairperson or among the other members, the Minister shall, as soon as practicable, take steps to fill the vacancy.

Disclosure of confidential information.

30. —(1) A person who discloses confidential information obtained by the person in his or her capacity of Chairperson or other member of the Board, secretary of the Board or consultant or adviser engaged by the Board, unless the person is authorised by the Board to do so, shall be guilty of an offence.

(2) In subsection (1) “confidential information” includes information, or information of a particular class or description of information, expressed by the Board to be confidential.

Prohibition of certain communications in relation to appeals.

31. —(1) A person who communicates with the Chairperson or other member of the Board, the secretary of the Board or a consultant or adviser engaged by the Board, for the purpose of influencing improperly the consideration by the Board of an appeal or the decision of the Board in relation to an appeal shall be guilty of an offence.

(2) If the Chairperson or a member, secretary or consultant or adviser is of the opinion that a communication is in contravention of subsection (1), he or she shall not entertain the communication further and shall immediately inform the Board in writing of the substance of the communication, and the Board shall acknowledge in writing the receipt of such information.

Secretary of Board.

32. —An officer of the Minister who is an established civil servant for the purpose of the Civil Service Regulation Act, 1956, and who is seconded to the Board for that purpose, either on a whole-time or part-time basis, shall act as secretary of the Board.

Declaration of interests.

33. —(1) A person to whom this section applies shall give to the Board a declaration in the prescribed form, signed by him or her, containing particulars of—

(a) every interest of his or hers which is an interest to which this section applies, and

(b) every change in any such interest or any other interest to which this section applies subsequently acquired by the person.

(2) This section applies to—

(a) the Chairperson,

(b) other members of the Board,

(c) the secretary of the Board, and

(d) each consultant or adviser engaged by the Board.

(3) This section applies to the following interests:

(a) any estate or interest which a person to whom this section applies has in any land, or in any process, development or operation, associated with aquaculture or fish processing or the manufacture, sale or distribution of products used in aquaculture or fish processing;

(b) any business or dealing in or developing land, or any process, development or operation associated with aquaculture or fish processing or the manufacture, sale or distribution of products used in aquaculture or fish processing, in which such a person is engaged or employed and any such business carried on by a company or other body of which he or she, or any nominee of his or hers, is a member;

(c) any profession, business or occupation in which such a person is engaged, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land or to any process, development or operation associated with aquaculture or fish processing or the manufacture, sale or distribution of products used in aquaculture or fish processing.

(4) A person to whom this section applies who has an interest to which this section applies shall be regarded as complying with the requirements of subsection (1) only if he or she gives to the Board a declaration mentioned in that subsection within the period of 28 days—

(a) beginning on the day on which he or she becomes such a person, or

(b) where there is a change in an interest particulars of which are contained in a declaration already given by the person, or where the person acquires any other interest to which this section applies, beginning on the day on which the change occurs or, as the case may be, the other interest is acquired.

(5) For the purposes of this section but subject to subsection (6), a person shall be regarded as having an estate or interest in land or an activity if the person, or the person's nominee, is a member of a company or any other body which has an estate or interest in the land or activity.

(6) For the purposes of this section, a person shall not be regarded as having an interest to which this section applies if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question in respect of a matter arising or coming before the Board or in performing a function in relation to that matter.

(7) Where a person to whom this section applies has an interest to which this section applies by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her nominee and the total nominal value of those shares does not exceed the lesser of—

(a) £1,000, or

(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body, or where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he or she has an interest,

subsection (1) shall not have effect in relation to that interest.

(8) The Board shall, for the purposes of this section, keep a register (in this section referred to as the “register of interests”) and shall enter in it the particulars contained in declarations given to the Board pursuant to this section.

(9) The register of interests shall be available for inspection by any person at the office of the Board during normal office hours, and a copy of the register or any entry in the register may be obtained by any person on the payment to the Board of such fee, if any, as the Board may fix, not exceeding the reasonable cost of making the copy.

(10) Where a person ceases to be a person to whom this section applies, all particulars entered in the register of interests as a result of a declaration being given by the person to the Board pursuant to this section shall be removed from the register by the Board as soon as practicable after the expiration of the period of 20 years beginning on the day on which the person ceases to be a person to whom this section applies.

(11) Subject to subsection (12), a person who, when purporting to comply with subsection (1), gives particulars which are false or which, to his or her knowledge, are misleading in a material respect, shall be guilty of an offence.

(12) In proceedings for an offence under this section it shall be a defence for the defendant to prove that at the relevant time he or she believed, in good faith and on reasonable grounds, that—

(a) the relevant particulars were true,

(b) there was no matter about which he or she was then required to make a declaration under subsection (1), or

(c) that the matter in relation to which the offence is alleged was not one about which he or she was so required to make a declaration.

Disclosure of interests.

34. —(1) Where the Chairperson or other member of the Board, the secretary of the Board or a consultant or adviser engaged by the Board has a pecuniary or other beneficial interest in, or material to, any appeal or matter to be considered by the Board, he or she shall—

(a) disclose to the Board the nature of the interest in advance of any consideration of the appeal or matter,

(b) neither influence nor seek to influence a decision in relation to the appeal or matter,

(c) take no part in any consideration of the appeal or matter, or

(d) withdraw from the meeting of the Board for so long as the appeal is being considered or matter discussed by the Board and shall not vote or otherwise participate in the determination of the appeal or consideration of the matter or, in the case of a member, be counted towards a quorum at the meeting during that time.

(2) For the purposes of this section, but without limiting the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) the person or any member of the person's household, or any nominee of the person or of any member of his or her household, is a member of a company or other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) the person or any member of the person's household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) the person or any member of the person's household is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

(d) any member of the person's household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, a matter by reason only of an interest of the person or of a company or other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, a question in respect of a matter arising or coming before the Board or in performing a function in relation to such a matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by the person to comply with the requirements of subsection (1), the question shall be determined by the Board and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5) Where a disclosure is made to the Board pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

(6) A person who fails to comply with subsection (1) or, when purporting to comply with that subsection, gives particulars which are false or which, to his or her knowledge, are misleading in a material respect, shall be guilty of an offence.

Consultants and advisers.

35. —(1) The Board may, from time to time, engage such consultants or advisers as it considers necessary for the performance of its functions and any fees due to a consultant or adviser so engaged shall be paid by the Board out of moneys made available by the Oireachtas.

(2) Any person may notify the Board in writing of his or her willingness to be engaged by the Board as a consultant or adviser and give to the Board particulars of his or her qualifications and experience, and the Board shall maintain a list of such persons.

(3) The Board shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (2), but nothing in this subsection shall be construed as precluding the Board from engaging as a consultant or adviser a person whose name is not on the list.

(4) The Board shall include in its annual report a statement of the names of the persons, if any, engaged pursuant to this section during the year to which the report relates.

Grants to Board.

36. —The Minister may in each financial year, after consultation with the Board in relation to its proposed work programme and expenditure for that year, make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure incurred by the Board in the performance of its functions.

Accounts and audits.

37. —(1) The Board shall keep, in such form as may be approved by the Minister with the consent of the Minister for Finance, proper and usual accounts of all moneys received or expended by it.

(2) Accounts kept in pursuance of subsection (1) shall be submitted annually to the Comptroller and Auditor General for audit at such times as the Minister, with the consent of the Minister for Finance, directs and those accounts, when so audited, shall (together with the report of the Comptroller and Auditor General on the accounts) be presented to the Minister, who shall cause copies of the audited accounts and the report to be laid before each House of the Oireachtas.

Annual report, etc.

38. —(1) As soon as practicable, but not later than six months, after the end of each financial year, the Board shall, in writing, report to the Minister on its proceedings in that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The report shall identify the appellants involved and the number, subject matter and results of each appeal determined by the Board during the year to which it relates.

(3) The Board shall give to the Minister such information relating to the performance of its functions as the Minister may from time to time request.

Board to keep itself informed of certain policies and objectives.

39. —(1) The Board shall keep itself informed of the policies and objectives of any public authority whose functions have, or may have, a bearing on the matters with which the Board is concerned.

(2) In this section, “public authority” means a public authority within the meaning of section 3 (1) of the Environmental Protection Agency Act, 1992, An Bord Iascaigh Mhara within the meaning of the Sea Fisheries Act, 1952, Údarás na Gaeltachta within the meaning of the Údarás na Gaeltachta Act, 1979, the Marine Institute within the meaning of the Marine Institute Act, 1991, or the Central Fisheries Board or a Regional Fisheries Board, both within the meaning of the Act of 1980.