Ruairi Ó Murchú (Louth, Sinn Fein) | Oireachtas source

I accept some of what the Minister said about criminal versus administrative systems, but what we have said here is that we are looking for fairness. We are talking about those who work in the fishing industry. Going back to our entry into the European Union, the CFP and all that has come from it, Deputy Collins put it very well and he is not the first person to use the phrase that the fishermen have been the whipping boys for many years. There has been an absolute level of unfairness, but the majority of those who work in the fishing industry are solid, sound people who just want to make their living from fishing. Again, is there a need for a system of regulation? Yes. Is there a need for sanction? There most definitely is.

There are a number of bad apples this needs to apply to. If we are to offer fairness, however, we need to err on that side. A balance of probability leaves this too open. If a person is to be sanctioned, it can have serious consequences, and that is in addition to all the other issues in relation to unfairness. The difference between penalty points in this context and penalty points as we understand them for road users is that even if the fishers think they are finished with them, that is not necessarily the case. We need to get to the point where it should be possible to prove a case beyond reasonable doubt. If that is not possible, the person should not be liable to such serious consequences. This provision is utterly unfair and we are pressing the amendments on that basis.