The two cases to which the correspondence to which the Deputy referred are entirely different in nature, the consideration of which involved totally different criteria and circumstances in the context of sea-fishing boat licensing.
The individual to whom the Deputy specifically refers applied for a licence in respect of a vessel under a special whitefish scheme in 1991. All applications received under the scheme were evaluated in accordance with defined criteria and the particular individual's application was not among those approved for a licence. He subsequently reapplied for a licence and was informed by the Department that a licence could only be granted when all of the requirements of licensing policy, including the removal of replacement capacity from the fishing boat register, were complied with.
The other case relates to an application made by the company concerned, under EU legislation in place at the time, which provided for the introduction of additional capacity into the EU fleet, where additional fishing opportunities were identified. The licensing and registration of the vessel concerned was facilitated by a decision of the European Commission to grant additional capacity in respect of the Irish pelagic fleet segment, to take account of fishing opportunities in Mauritanian and other West African waters. The decision followed intensive negotiations at political and official level, mainly relating to the resolution of an engine power capacity excess problem in the pelagic segment, which had not been caused by the company concerned. Replacement capacity was not required to be provided in respect of the vessel in question as the European Commission allocated additional capacity, over and above existing fleet capacity limits, which allowed for its introduction. The company withdrew its other vessel from the fleet in order to resolve the excess engine power capacity situation, which the Commission had insisted first be resolved.
New EU legislation governing fleet policy was introduced in 2002-03, which was followed in November 2003, by the introduction at national level of a comprehensive and transparent new national licensing policy. The Fisheries (Amendment) Act 2003, which came into effect on 1 July 2003, transferred responsibility for sea-fishing boat licensing to the licensing authority for sea-fishing boats, which operates on an independent basis, subject to criteria set out in that Act. All applications for sea-fishing boat licences are now considered by the licensing authority for sea-fishing boats. The head of the licensing authority is the registrar general of fishing boats, a senior official in the Department. The 2003 Act also established an independent appeals system relating to licensing decisions subsequently taken.