Mr. Andrew Kinneen:

I will respond to the general theme of questions from committee members on administrative sanctions, proportionality of sanctions and the uniqueness of the criminal sanction system in Ireland as against what might be in other member states, the level playing field issue and what part points play. Currently there is no provision in Irish law to apply administrative sanctions to fisheries offences. That is a general statement. I understand that it is under consideration as the Chairman has said. What comes to pass will obviously come to the SFPA in our role as a regulator and so on. We have spoken to colleagues in our parent Department on this subject. We have offered examples in other member states where we have seen this type of administrative sanction work successfully and we have also tried to point out some of the pitfalls where in other member states it is rubber-stamping misbehaviours on the part of certain fishermen and they continue with impunity and their misbehaviours. We have tried to offer that information in discussions with our colleagues. We await the outcome of the work of the Oireachtas and what might come out of it. Obviously, we will be faithful to whatever comes out of the statute. We are mindful for the full suite of tools that are appropriate when trying to get a fishing industry to work with very complex technical regulations and to manage a shared public resource.

We were asked what other strategies or tools are in the box. We try to speak to fishermen and we try to listen to them. We have had a number of what I would characterise as "town hall" style meetings. These have been very successful engagements with fishermen on the concerns they have, particularly with new regulations or aspects of the regulations or aspects of our behaviour as regulators. We have a code of standards with regard to inspections and how we carry them out. It has not been updated recently but I take the point made and it is an issue we will look at. We have the benefit of a consultative committee which advises us on the burden of regulation. That committee is made up of individuals from all sectors of the industry, fishing industry, aquaculture, primary fishing industry, inshore and so on, appointed by the Minister. The committee advise us on the burden of regulation and feedback from the industry on how we are doing our work. I am pleased to hear the acknowledgment from one Deputy that we have managed to develop a better relationship with many of the people we are trying to work for in that regard.

With regard to administrative sanctions, we are aware of their benefit and aware of some of the pitfalls in it. With regard to the points system, the idea behind it is that where some member states are operating administrative sanctions without having any dissuasive effect on illegal fishing, the points would apply and make repeated misbehaviour become a serious issue where the primary licence of the vessel comes into play. That is the level playing field effect that the regulation seeks to satisfy.