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Statutory Instruments

Dáil Éireann Debate, Tuesday - 2 October 2018

Tuesday, 2 October 2018

Questions (494, 495, 496)

Pat the Cope Gallagher

Question:

494. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the steps he has taken since SI 89 of 2018 for serious fishing infringements was rescinded by Dáil Éireann on 29 May 2018; the persons, interested parties, groups or organisations from the fisheries sector or other political parties he has met or liaised with since 29 May; the level of engagement his Department has had with all interested parties since the date of rescinding; and if he will make a statement on the matter. [40072/18]

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Pat the Cope Gallagher

Question:

495. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the details on the amendments he is proposing for a replacement statutory instrument for serious fishing infringements as per EU obligations but taking due cognisance of the rights of the fishermen under Irish law and their respective constitutional rights as per Bunreacht na hÉireann; and if he will make a statement on the matter. [40073/18]

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Pat the Cope Gallagher

Question:

496. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine if he has consulted with the fishing sector since the rescinding of SI 89 of 2018 on the 29 May 2018; the consultation that has taken place with fisheries organisations or the sector since 29 May 2018; and if he will make a statement on the matter. [40074/18]

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Written answers

I propose to take Questions Nos. 494 to 496, inclusive, together.

As the Deputy is aware, on 20th March 2018 I signed into force the European Union (Common Fisheries Policy) (Point System) Regulations 2018, S.I. No. 89 of 2018. However, S.I. No 89 was annulled by Dail Eireann on 29 May 2018.

I am at present considering with my legal advisers next steps following that annulment. I expect legal advice to be to hand in the near future and once it has been fully considered, I will determine next steps in this matter.

As the Deputy may be aware, S.I. No. 89 adopted the requirements of Article 92 of Council Regulation (EC) No. 1224/2009 and Title VII of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011. It should be noted that both of these EU regulations went through the ordinary legislative procedure at EU level which would have included widespread consultation with interested parties including the Member States, Advisory Councils, NGOs and the fishing Industry. The matter has also been discussed at industry liaison meetings over the years. The EU regulations on this matter are highly prescriptive in relation to licence holders, leaving little room for further negotiation.

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