Dáil Éireann Debate, Wednesday - 23 February 2022
265. Deputy Alan Kelly asked the Minister for Agriculture, Food and the Marine if Statutory Instrument No. 318 of 2020 was signed in August 2020 to allow the Sea-Fisheries Protection Authority to impose penalty points by way of administrative sanction against the owners and licensees of sea fishing boats; and the reasons for it being signed at that time. [10003/22]
Amharc ar fhreagraEU Council Regulation 1224/2009, known as the Control Regulation, requires inter alia that Member States implement a points system for serious infringements of the rules of the Common Fisheries Policy committed by both the licence holder of a fishing vessel and, separately, the master (skipper). The Points System is intended to promote compliance with the rules of the Common Fisheries Policy and seeks to deliver on the CFP objective of ensuring proportionate, effective and dissuasive penalties for serious infringements.
Serious infringements include the following:-
- not fulfilling obligations to record and report catch or catch related data
- concealing, tampering or disposal of evidence relating to an investigation
- fishing without a valid licence, authorization or permit.
The points systems were due to be in place by 1 January 2012 and the delay in implementing them prompted the EU Commission to issue EU infringement proceedings against Ireland. A negative judgement from the European Court of Justice in any such proceedings could cost the State significantly in lump sum and ongoing fines.
Furthermore, serious financial implications arise from the non-implementation of the points system because, as a condition of the EU contribution to Ireland’s European Maritime and Fisheries Fund Programme, certain conditions must be fulfilled, including implementation of a points system for both licence holders and masters.
To meet the legal requirements on the State, the European Union (Common Fisheries Policy) (Point System) Regulations 2020 - SI No 318/2020 were signed into force in August 2020. SI No 318 adopts the requirements of Article 92 of Council Regulation (EC) No 1224/2009 of 20 November 2009 and Title VII of Commission Implementing Regulation (EU) No 404/2011.
In accordance with the EU Regulations, this instrument establishes a point system, which will apply to the licence holder of a sea fishing boat when a serious infringement of the rules of the common fisheries policy is detected within the exclusive fishery limits of the State or for an Irish vessel wherever it may be.
The Sea Fisheries Protection Authority is determined as the competent authority for the establishment of the system and the assignment of points. The Licensing Authority is the competent authority for the recording of points assigned to the licence of an Irish registered fishing vessel and the transfer of those points.
SI No 318/2020 provides for the establishment of a Determination Panel comprised of 3 independent legal professionals nominated by the Attorney General to determine if on the balance of probabilities a serious infringement occurred. The instrument also establishes an independent appeals officer to review the decision of the Determination Panel at the request of the licence holder.
My firm view is that SI 318/2020 is necessary to protect law-abiding operators, who make up the vast majority of those in the industry, and to preserve this precious and valuable resource for all Irish fishermen and for future generations. This system in conjunction with the proposed points system for masters currently before the Oireachtas will play a vital role in delivering on the Common Fisheries Policy objective of ensuring proportionate, effective, and dissuasive sanctions for serious infringements and contributing to a level playing field in fisheries control across Member States.
