Mr. Andrew Kinneen:

The provision is not only for Irish fishermen but for all European fishermen. Particularly in the context of the SFPA, all people who fish inside the Irish 200-mile limit, regardless of nationality, are covered. Therefore, we have a duty of responsibility to ensure they are complaint with the CFP.

The danger of subjectivity and bias was referred to. Subjectivity comes into play because there is a prescribed schedule of offences. Where the non-recording of fish is concerned, one might be talking about the non-recording of 20 tonnes of fish or a box of fish. The offence is the same in Community law but it is the dual quality of being listed as both a serious infringement and a grave offence that comes into play. This is where the element of subjectivity applies. One offence relates to markings on a fishing vessel. There is a huge difference between a 100-m vessel operating 50 miles off our coast without markings that can be identified by the Naval Service or Air Corps and an inshore fishing boat that has not got a bit of paint on the wheelhouse. The offences are the same under Community law but the gravity is totally different in each case. That is why there must be a system of evaluation. That is the thinking on subjectivity. There is a fairly well-defined framework in Community law and in the statutory instrument on how we should operate. The points to which I refer are ones in respect of which people may appeal our decisions, and they may do so if we have not followed procedure.

As we said in our opening statement, we are drafting our procedures and trying to get the right expertise around the table such that we will consistently make the correct and proportionate decisions. We will be putting those on our website so there will be no cloak-and-dagger activity behind closed doors. That is the intention. We are not at the final stage of publishing those at present.

Senator Ó Domhnaill asked for statistics. We do not have the exact statistics on detentions. There are between 20 and 30 per year.

Deputy Barry asked a very interesting question on how often we inspect a particular vessel and the outcomes. In the past, we had a repetitive system of inspection of vessels, not only in Ireland. Irish vessels come into Irish ports, and Castletownbere vessels come into Castletownbere. Therefore, there is repetition. We are now entering a system of risk-based inspection. This is a very important era for us as an inspection service. We are not making this up; it is coming to us through the same control regulations that result in all such arrangements. We will have to examine indicators under the remote monitoring mechanisms to determine whether a vessel is fishing in a closed area or whether its behaviour is not consistent with that of the rest of the fleet. We are obliged to show we are targeting that type of vessel rather than making the easy choice of meeting somebody who comes to port. These sorts of measures are entering the system at present.