Noel Harrington (Cork South West, Fine Gael) | Oireachtas source

I thank the Chairman for allowing me to contribute even though I am not a member of the committee. I welcome Dr. Steele, Mr. Kinneen and Mr. O'Mahony to the meeting.

I will commence by making a general point. The sea fishing industry has dealt with the SFPA for some time. It could be acknowledged that they got off to a rocky start but now they share a mutual respect. The industry has respect for the work done by the SFPA and the authority has respect for what the industry must go through in terms of regulation and its work environment. It is also important for the delegation to confirm - and I hope it is true - that the instrument does not confirm any new infringement or illegality. The fishing industry is very familiar with the infringements that they must work with and avoid.

I have read the instrument and have been left with quite a few questions and concerns. It is necessary, in a European context, to level the playing field between Irish vessels and visiting fleets. Nothing drives people more apoplectic than the overseeing of these regulations. However, there is a perception - rightly or wrongly - that the Irish fleet has been dealt with more harshly than visiting fleets. That may not be true. I know that most of the arrests and detentions relate to visiting fleets or vessels. All fishermen want a level playing field and an ability to compete with visiting fleets as equals, under the regulations.

I shall outline an issue that has been touched on already. Options are available to the SFPA with respect to how it enforces infringements, if detected. There may be a court procedure if points are applied. Anybody is entitled to go through the courts to have his or her rights vindicated. I am concerned, however, that the points still apply even if a master is found innocent by the courts. Has the SFPA taken legal advice on natural justice regarding the matter? Has it taken advice from the Attorney General? Does the authority expect the matter to be tested?

Up to now, when an infringement occurred it was open to the SFPA to go to either the District Court or the Circuit Court. There was no other choice; the master would have to make a court appearance. I am unclear whether it is the master of the vessel or the capacity that will now be penalised. Will capacity be measured by tonnage or kilowatts? How will the penalty be administered? Will it involve the sale of portions of the capacity or fractionalisation? As mentioned in the presentation, the move would have a detrimental effect on the market value of the capacity. In the past it was the master of the vessel who was penalised for an infringement. There has been a sea change in who bears the penalty for an irresponsible fishing activity. Is the SFPA concerned in this regard?

How will competent authorities in other countries administer penalty points? Clearly, we may not ever see a visiting vessel again if it is assigned points. Will it accumulate points, while it is in European Union waters, if it has an irresponsible master? Will the SFPA or the Department be notified when further infringements or points are assigned to the vessel? It is important that the Irish fishing industry is clear that this is not just a matter for it to deal with. The way the matter is dealt with is critically important.

I want to touch on a sensitive issue that can be subjective. For example, one could step on board a vessel and claim that one fish is undersized, and, as such, represents an offence. Nobody will say it is a serious offence, but what if somebody does? What if an SFPA official decides that it is an offence? What if there is a pre-determined issue, as mentioned before? The fishing industry is small. The SFPA officers, the naval officers and those in the industry are familiar with each other and I do not have to explain the analogy. Where are the safeguards? What happens if an over-zealous official or somebody else steps beyond the subjectivity and natural justice that has been referred to in the presentation and the regulations? That is a great concern of mine.

I am very unclear about the possibility or probability of points being deleted over a period. The matter was only touched on in the presentation. We are all familiar with the provision in the Road Traffic Acts whereby points can be deleted after a period. The matter is unclear in terms of these regulations. Is it possible or likely? It has been mentioned that good behaviour and proactive measures can be undertaken by a master, but the issue still seems very difficult.

With regard to court procedures, it is open to the SFPA to refer a matter to the District or Circuit Court. Is there a possibility that these regulations will be tied in with the proposal? The matter is in the programme for Government, and a Bill to amend the sea fisheries legislation on administrative sanctions is scheduled to be taken during this session of the Dáil. Will it determine how the SFPA works with the industry? It all boils down to how the regulations can be notified to the industry and whether they will give it confidence that there will be justice and equality in how it is dealt with, not the opposite.