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Fishing Vessel Licences

Dáil Éireann Debate, Wednesday - 22 November 2017

Wednesday, 22 November 2017

Ceisteanna (181)

Pat the Cope Gallagher

Ceist:

181. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the response he received from fishing industry representatives regarding his plans to bring forward a new statutory instrument on penalty points at the sea fisheries liaison group meeting on 20 October 2017; the feedback from the sector to amendments he put forward; if there are additional amendments to the planned statutory instrument other than that which was put forward at the meeting on 20 October 2017; his views on whether there needs to be full buy-in for a points system from the sector and that the new regime needs to be impartial and open to appeal for all vessel owners; his plans for further consultation with fishing organisations before the statutory instrument comes before the Houses of the Oireachtas; and if he will make a statement on the matter. [49581/17]

Amharc ar fhreagra

Freagraí scríofa

The 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 replace 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 an 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 address certain minor technical and drafting issues arising in S.I. No. 125 of 2016.

In relation to stakeholder consultation, I discussed with industry representatives my plans to bring forward a new SI at the Sea Fisheries Liaison Group meeting on 20 October 2017 and explained the amendments I am planning and the justification for these amendments.  I can confirm to the Deputy that no further additional amendments are planned other than those outlined above and as discussed at the meeting of 20 October 2017.

In relation to feedback, the main issue raised by industry representatives at that meeting was their preference for a system of sequential application of EU points in conjunction with the prosecution process.

I advised attendees that there has been extensive examination and consideration of all the issues in relation to meeting our EU obligations to implement the points system.  I indicated that 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.

I informed the meeting 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. 

I also indicated at the meeting that 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.  

In relation to the new system being impartial, it is intended in this regard that the new SI will provide for the independence of both the members of the Determination Panel and the Fisheries Adjudicator in the performance of their functions.

In relation to rights of appeal, it is intended that the new S.I. will provide for a right to appeal to an independent Fisheries Adjudicator if the licence holder is dissatisfied with the determination of the Determination Panel.  The Adjudicator is a legal person appointed by the Minister.  

It is also intended that under the new S.I. the licence holder may appeal on a point of law a decision of the independent Fisheries Adjudicator to the High Court.  In the 2014 S.I., this appeal was “final and conclusive” - this aspect of the provision has been removed.

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.

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