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Statutory Instruments

Dáil Éireann Debate, Thursday - 13 December 2018

Thursday, 13 December 2018

Ceisteanna (163, 164)

Pat the Cope Gallagher

Ceist:

163. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the steps he has taken since May 2018 when the serious fishing infringement statutory instrument was rescinded by Dáil Éireann; if he will provide a detailed report on the interested parties which he has met with since May 2018 on this matter; the discussions he has held; the persons and or bodies he held discussions with in this regard; and if he will make a statement on the matter. [52527/18]

Amharc ar fhreagra

Pat the Cope Gallagher

Ceist:

164. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine if he will compile a report on the status of the of the alternative statutory instrument forwarded to him and all other Members of the Houses of the Oireachtas by this Deputy following the rescinding of the statutory instrument concerning serious fishing infringements by Dáil Éireann in May 2018; the various steps he has taken on each occasion that this Deputy placed a parliamentary question on the matter since the vote to rescind the statutory instrument; the reason he has failed to engage with other political parties since the vote was taken by Dáil Éireann; and if he will make a statement on the matter. [52528/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 163 and 164 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 advisors, 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.  In that regard, I asked my officials to examine the proposed amendments submitted by the Deputy and I have asked for legal advice on possible amendments to inform my consideration.

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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