Martin Kenny
Question:54. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine to annul SI No. 125 of 2016, which imposes penalty points on sea fishery licences. [14502/16]
View answerWednesday, 8 June 2016
Questions (54)
Oral answers (11 contributions)
The 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 states that, “[s]ubject 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 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 of EU penalty points in conjunction with the prosecution process, thus fulfilling the ambition outlined in the partnership programme. I also met 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 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. I am confident, however, 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 SI remain in force in order that Ireland remains in compliance with the legal requirement to implement the EU points system. Accordingly, I do not propose to revoke the SI 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 aware that this question was put by Deputy Pat the Cope Gallagher, but I have a couple of small points to make on it.
Since that court case, which took place a couple of months ago, things have been up in the air somewhat. Perhaps the Minister could clarify whether, in the interim, there has been implementation of the statutory instrument and whether penalty points have been placed on licences of fishermen?
I am not aware of the answer to that-----
Was it in operation?
The revised statutory instrument came in, to the best of my knowledge, on 1 March. Deputy Ferris might be able to confirm that. I am unsure if there would be any prosecutions taken under it. There are some administrative sides to that statutory instrument which have not been put in place by my Department. I am moving to a new system and I intend to replace that statutory instrument. The legal and administrative issues I have raised in my reply relate to whether the new system will be an amendment to that statutory instrument, if it will be a new statutory instrument or if we will proceed by way of primary legislation. All of this is predicated on meeting the EU administrative requirement that the system must be seen as an effective and dissuasive instrument to the fishing community. I have some hurdles to jump yet, but the principle of penalty points only being applied consequent upon a conviction is conceded and is something we are committed to delivering. However, I cannot say whether there have been any convictions or points applied. I suspect not since the introduction of this statutory instrument, which was only signed in March 2016.
There is some comfort in that. I have two more points. Could the Minister indicate a timeframe for getting to that final goal? If there are penalty points in the meantime, would the Minister be prepared to rescind those penalty points?
It is not from me to trespass on the law. There is a separation of powers between the Executive and the Judiciary. I cannot interfere in that sphere, as the Deputy will appreciate. However, it is my ambition to deal with this as conclusively and as quickly as possible. I did give that commitment in my earlier reply. I have given it to the producer organisations with which I have already met and I do not intend to have this issue hanging around too long.
My understanding, from speaking to the Minister, is that a person would have access to the courts. Could that be applied retrospectively if penalty points had been imposed on somebody's licence?
Sorry?
Could access to the courts be applied retrospectively if the points had occurred under the current statutory instrument?
I suspect that prosecutions would be difficult under the current statutory instrument. I will revert to the Deputy with details. That would be trespassing on the legal issue and I would have to get direction from the Attorney General's office, but I suspect not.