Fisheries Offences

Dáil Éireann Debate, Tuesday - 17 May 2016

Tuesday, 17 May 2016

Questions (1012, 1013, 1014, 1015, 1016, 1017)

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 1012 to 1017, inclusive, together.

By way of background I should advise the Deputy that concerns have been raised about the lack of a level playing field across the EU in fisheries control and the treatment of vessels from different Member States. To help deal with this situation, a new control framework was introduced by the European Commission. One of the important new tools was introduced under Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (the EU Fisheries “Control” Regulation), which requires Member States to inter alia have in place legal provisions to implement a Points system for serious infringements of the EU Common Fisheries Policy. The number of points to be attributed for specific infringements is fixed at EU level. The EU requirement is that every time a serious infringement is committed, the appropriate number of points will be attributed to the licence holder of the vessel concerned. This EU Points system is applicable to all fishing vessels which fish in the Irish exclusive fisheries zone, whether they are Irish or Foreign flagged.

Ireland had previously implemented the required EU Points system for serious infringements by fishing vessel licence holders by means of Statutory Instrument No. 3 of 2014 which gave effect to the EU requirement in Irish law. This Statutory instrument was the subject of two recent High Court challenges and was struck down. The two High Court Judgements are subject to appeal at the advice of the Attorney General. There are a number of broad legal reasons for the appeal which go beyond fisheries. From a fisheries perspective the concerns relate to the potential implications the judgements may have on the efficient and effective implementation of the points system in Ireland in the future.

As Ireland is required to have in place a legal instrument implementing the EU Points system a new amended legal instrument was drafted, following the advice of the Attorney General, which took on board, to the extent possible, issues of concern in relation to procedures and process which had been highlighted in the High Court Cases.

The previous Minister was faced with a difficult choice when the Court struck down the previous regulation implementing the EU points system.   The approach he chose was taken to support the vast majority of law abiding fishermen depending on healthy fish stocks. The alternative would have exposed law abiding Irish fishermen to the serious consequences of illegal overfishing by a small number of Foreign and Irish fishing vessels, thereby threatening the future of our industry. The previous Minister, accordingly, signed the replacement legal instrument, with amended procedures and processes, (S.I. No. 125 of 2016 - European Union (Common Fisheries Policy) (Point System) Regulations 2016) on 1 March 2016.

The Deputy refers to the UK system under which, as I understand, points are applied to inter alia an English-registered fishing licence if the licence holder is convicted of a serious infringement in a UK court. There have been proposals that the EU points system in Ireland should similarly be combined with a successful prosecution through the Courts.   On the surface, this appears like a reasonable option and it was examined carefully.  However, the legal advice received was that this approach does not meet the legal requirements set down by the EU points system, in the context of the Irish legal system.

Firstly, in the majority of infringement cases, the Licence Holder is a different person or legal entity to the person on the vessel (the skipper) who commits an offence and who will be prosecuted.  Therefore, there is no connection between the assignment of points to the Licence holder and the prosecution by the Courts of offences under fishery law.  In addition, the EU regulations require that points be assigned from the date of the detection of the 'serious infringement' and will remain on a licence for three years from that date. That requires that the procedures are sufficiently swift to be determined in as short a time as possible.   Fishery prosecutions under the Irish legal system, taking account of the Constitutional provisions, may take some considerable time before they are finally determined and if the EU points are linked to the completion of the prosecution, they would have limited impact as the three year timeframe would be well advanced or indeed may well have expired.

The previous Minister considered all of the concerns raised by the Deputy, other Deputies and by the fishing industry in relation to the implementation of the EU points system for serious infringements of the Common Fisheries Policy. He met with representatives of the fishing industry to discuss this and other matters as recently as last week and the issue was also discussed in this House in the context of Statements on Agriculture on 4th May 2016.

As outlined in those Statements, the previous Minister has asked in recent weeks the Attorney General, as a matter of urgency, to examine the Statutory Instrument which he signed into law at the beginning of March. He asked her, in particular, to consider the issue of whether there is a way that the assignment of points for licence holders can await the completion of the prosecution process, while at the same time ensuring that Ireland is fully in compliance with its obligations under EU law. I am following up on this request.

It is my intention to report back to An Oireachtas as soon as I have received the Attorney General’s advice and I have examined a way forward in the context of that advice. Subject to that advice together with an assurance that Ireland is fully in compliance with its obligations under EU law, and as outlined in the new Programme for a Partnership Government, I would be open to amending the current SI to move further to meet the concerns raised in particular in relation to the assignment of points following the completion of the prosecution process.

The current SI has been in force, however, since 1 March 2016 and this remains the position. My understanding is that no points have been assigned or recorded to date there under.

Furthermore, the Deputy will be aware that I plan to bring forward primary legislation to inter alia give a sound legal basis to a scheme that implements the EU points system for licence holders. This will enable An Oireachtas to examine options and arrangements that meet EU regulatory requirements.

Finally, the EU Control Regulation requires Member States to implement two points systems to be applied in cases of serious infringements of the Common Fisheries Policy, one for the Fishing Boat Licence Holder (as outlined above) and one for the Master of the Fishing Vessel. Accordingly, it is anticipated that this proposed primary legislation will also contain provisions governing a points system for Masters.