Dáil Éireann Debate, Tuesday - 7 November 2017
885. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the position regarding the issuing of penalty points for fishermen prior to prosecution; his plans to sign a statutory instrument on same; the changes that will be made with respect to fishing penalty points as a result; and if he will make a statement on the matter. [45740/17]
Amharc ar fhreagraThe European Union (Common Fisheries Policy) (Point System) Regulations 2016 (S.I. No. 125 of 2016) establishes a point system, which will apply to the Licence Holder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected. It is intended that the new Statutory instrument which I intend to sign shortly will amend S.I. No. 125 of 2016 to change the make-up of the Determination Panel set up under the 2016 S.I. to determine if on the balance of probabilities a serious infringement occurred and whether it is a serious infringement. This will involve the appointment of three independent legal professionals nominated by the Attorney General, thereby completely separating the enforcement and the determination functions. The new SI will, to the extent possible, take on board the issues of concern in relation to procedures and processes highlighted in High Court judgments on this matter. It will also amend S.I. No. 125 of 2016 to address certain minor technical and drafting issues arising.
In June 2016, I advised the Oireachtas that subject to addressing some important legal and administrative issues, that I was hopeful of moving towards a system of sequential application of EU points in conjunction with the prosecution process, having consulted with the Attorney General’s office. I made it clear that this move was subject to addressing some important legal and administrative issues in order to ensure compliance with EU law.
There has been extensive examination and consideration of all the issues in relation to meeting our EU obligations to implement the points system in the interim period. The firm legal view available to me is that it is not possible to deliver on an effective and dissuasive points system, as required under EU law, by assigning points to licence holders upon successful prosecution.
It should be noted in this context that Pilot Infringement proceedings by the EU Commission for non-implementation of the EU points system have been taken against Ireland. It remains an option for the EU Commission to proceed to formal infringement proceedings in respect of the licence holders system.
There are also serious implications with regard to the release of funding under the European Maritime and Fisheries Fund (EMFF). Implementation of the EU Points system was an ex-ante conditionality for the approval of Ireland’s European Maritime Fisheries Fund Programme, given that the programme is intended to facilitate implementation of the Common Fisheries Policy in Ireland. The EU Commission has signalled in writing that the delivery of funding under Ireland’s EMFF Operational Programme is firmly linked to the implementation of the points system. This programme is investing €241m of EU/Exchequer funding in total in the fisheries sector over the lifetime of the programme, which is crucial at a time of Brexit uncertainty. The immediate concern is with regard to the control and data collection funds. The EU Commission wrote in July 2017 advising that due to the non implementation of the Points system, EMFF funding allocated for control spend will be suspended.
Having an effective, proportionate and dissuasive system of points for all fishing vessels, Irish and non Irish, operating in our 200 mile zone is beneficial to maintaining the sustainability of fish stocks on which our seafood sector is dependant. This system will ensure that the vast majority of our law abiding fishermen are able to compete effectively and look forward to a sustainable future in the industry.
