Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

We understand the purpose of the amendments the Minister is trying to bring through. The intention is to form a basis for a wider document and the amendments are designed to give effect to a scheme. We are not opposed to penalty points and neither are the fishermen, as has been said here already. We are opposed to the flawed and profoundly unfair scheme presented to us. It is impossible to have full due process for the sector if an appeal is successful in court and penalty points remain on the master's licence. That is why we are opposing these amendments. The whole system is flawed as far as we are concerned and we will be bringing up that matter again as we examine the other amendments.

Fundamentally, our arguments boil down to the issue of identifying the infringements themselves and the fact that the viability of these people's livelihoods is based on the balance of probability, when the bar should be no lower than the standard of beyond a reasonable doubt. Everybody is entitled to due process and that is where we have a major issue with the standard of the balance of probability. We pointed out issues on Committee Stage before they were pointed out in the Dáil by Deputy Michael Collins and others. The Minister is talking about issuing points earnestly through a flawed system. That is why we will be opposing this Bill overall.