Dáil Éireann Debate, Wednesday - 8 June 2016
50. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine when he will amend Statutory Instrument No. 125 of 2016 and introduce a system where no penalty points will be applied to an owner’s licence until the matter has been completed in the courts; and if he will make a statement on the matter. [14836/16]
View answerThe Deputy will be aware that Statutory Instrument No. 125 of 2016 - European Union (Common Fisheries Policy) (Point System) Regulations 2016 - implements the required EU points system which applies to the licence holder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected within the exclusive fishery limits of the State or for an Irish vessel, wherever it may be.
The concerns of the fishing industry on this matter are reflected in the programme for partnership Government which provides that, "Subject to legal advice and review, the penalty points statutory instrument will be amended to reflect the concerns raised with regard to the assignment of points following the completion of the prosecution process, while ensuring that Ireland is fully in compliance with its obligations under EU law."
Upon taking office, I requested that the Attorney General consider, and advise me on meeting, this programme commitment.
I have now received this advice and have considered the issues arising. I am satisfied that I am in a position to move on the introduction of a system for the sequential application for EU points in conjunction with the prosecution process, thus fulfilling the ambition outlined in the partnership programme.
I also met with representatives of the fishing industry last week to discuss a wide range of issues, including their concerns about the implementation of the EU points system and have updated them on this matter.
This new arrangement is subject to addressing some important legal and administrative issues in order to ensure compliance with EU law. I intend to report back to the Oireachtas as soon as I have finalised a way forward in the context of dealing with the relevant legal and administrative matters. However, I am confident that these matters can be dealt with in a collaborative and constructive manner with all stakeholders.
In the meantime, it is important that the 2016 statutory instrument remain in force so that Ireland remains in compliance with the legal requirement to implement the EU points system. Accordingly, I do not propose to revoke the statutory instrument until a revised system can be put in place. The Deputy will be aware that the European Commission is empowered to commence infringement proceedings against member states that are not implementing EU law. A negative judgment from the European Court of Justice in this context could cost the State significantly in lump sum and ongoing fines. There would also be serious potential implications with regard to the release of funding for the fishing industry under the European Maritime and Fisheries Fund, EMFF.
I am pleased that the Minister was able to meet the industry and respond to the views of Members from various parties on this side of the House. However, I am somewhat disturbed to learn that the Minister is not prepared to revoke the statutory instrument. Had we known that, we could have made the Minister's job simpler. We could have secured a majority in this House to revoke it because a majority oppose it. If it was not legal then, it is not legal now. Perhaps the Minister would clarify and deal with this as quickly as possible.
For the information of those Members who do not understand, penalty points for any infringements are put on one's licence and the highest court in the land cannot change that. I am pleased the Minister is changing it, but I still believe he should consider revoking it and put in place the template that is acceptable to the European Union, which is the one in the UK. Finally, although it might be too early to respond to this, does the Minister expect to do this by way of primary legislation or another statutory instrument? To be fair, the Minister acted very quickly and we are pleased with that. However, we are a little concerned that he has not revoked it.
I thank Deputy Gallagher for his comments on this issue. I appreciate that it is a matter of concern for Deputies representing all coastal areas from Malin Head to Mizen Head and, indeed, on the eastern seaboard. I could not revoke the existing statutory instrument without being in a position to replace it immediately with something else because that would have attracted the attention of the European Commission to the fact that we did not have an effective dissuasive legal instrument in place. I am committed to acting to address that anomaly at the earliest possible date.
In my initial response I referred to legal and administrative issues. The legal issue is to determine, as the Deputy mentioned, whether it will be done by way of an amendment to the existing statutory instrument, a new statutory instrument or by primary legislation.
I am awaiting final clarification from the Attorney General on that point.
In respect of administrative issues, it aims to ensure that whatever we put in place to replace the existing statutory instrument meets the EU administrative requirement because a substantial amount of EU funding is riding on this issue under the EMFF. The funding is €240 million, some of which has already been committed in projects in the Deputy's constituency and elsewhere. I am anxious to ensure I move effectively in a manner that, in the interim, does not have a cost impact for the Exchequer.
It is not intentional on the part of the Minister but for him to say that €240 million is riding on the back of this is almost scaremongering. I am quite sure he did not intend it that way. The UK and the Republic of Ireland are in the same Union and, hopefully, this will remain the case after the referendum. What is acceptable in the UK when there are millions riding on it does not seem to be acceptable here. If the Minister comes back with primary legislation, we will have an opportunity to discuss it. If it is done by way of statutory instrument, will the Minister provide us with an opportunity to discuss it with him in advance?
In respect of the latter issue, I will come back and consult with the House. Under the EU requirements, the system must be effective and dissuasive. That is the lingo that is used at EU level. The difficulty in terms of the legal process here versus the legal process in the UK, to which the Deputy alluded and which has points consequential on conviction, is that there can be a long delay in this jurisdiction between the detection of an offence and bringing it to court. The only part of that process that is within my jurisdiction in the Department is the Sea-Fisheries Protection Authority. I will ensure that it is in a position to fulfil its part of that process as efficiently and effectively as possible. I will also be in contact with the Minister for Justice and Equality in respect of the other matters. I am committed to points consequential on court conviction and that is a commitment I have given to the principal officers with whom I have met. I acknowledge the contributions of other Members of the House, including Deputy Gallagher who raised this matter repeatedly.
