Fisheries (Amendment) Act 2003


Independent Appeals System

Appeals Officer.

6.—(1) The Minister may appoint one or more persons with not less than 5 years' experience as a practising barrister or practising solicitor before his or her appointment as an Appeals Officer (“Appeals Officer”) for the purposes of this Part. The Minister may, for stated reasons, remove such person from office.

(2) It shall be the duty of an Appeals Officer to duly consider and make a decision on appeals under this Act in good time.

(3) An Appeals Officer shall be independent in the exercise of his or her functions under this Act subject to—

(a) the law for the time being in force in relation to sea-fishing boat licensing, including, in particular, the legal obligations of the State arising under any law of an institution of the European Communities or other international agreement which is binding on the State, and

(b) such policy directives in relation to sea-fishing boat licensing as the Minister may give in writing from time to time.

(4) A policy directive given under subsection 3(b) may require certain prohibitions or conditions to be imposed in relation to sea-fishing for the purposes of protecting, conserving or allowing the sustainable exploitation of living marine aquatic species.

(5) Subsection (3)(b) shall not be construed as enabling the Minister to exercise any power or control in relation to any particular case or group of cases with which an Appeals Officer is or may be concerned.

(6) Where the Minister gives a policy directive under subsection (3)(b), a notice of such directive and details of it (including reasons for giving the directive) shall, as soon as practicable after the directive is given, be laid before each House of the Oireachtas and published in Iris Oifigiúil.

(7) The provisions of Schedule 1 shall have effect in relation to an Appeals Officer.