Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

The second petition is No. P00012/23 - “Justice [and] Safety” - C.J. Gaffney:

We are calling on the Government to compensate us out of the European Maritime Fisheries and Aquaculture Fund (EMFAF) which was offered at our meeting in Brussels and confirmed by the documents and radio interview contained in the links below by Irish MEPs and senior EU officials, considering the unique and unprecedented circumstances of the case. We must have rights in this day and age. We are also asking for an official and impartial investigation in all aspects of the case on how such a dangerous vessel was certified as passing all stability criteria and continuously issued with valid sailing certification. This vessel was also accepted onto the Irish Register and issued with an Irish Fishing License, and as such, what was the role of the Irish Marine Survey Office in the handling this case? We can provide numerous independent surveys, reports and professional opinions to make this a very quick and easy report to compile, which on the grounds of Health and Safety, will have a major impact on saving Fishermen’s lives across the whole EU. To highlight how this could've happened and to stop it from happening again just as the Dutch have done. We even have evidence (since 2010) of a German sister vessel to the Mary Kate, with it also having been found to be totally unseaworthy and having an inaccurate Stability Book, just like the Mary Kate. It’s a miracle these vessels didn’t capsize with a certain loss of all crew.

The action taken to resolve issue of concern before submitting the petition was as follows.

The Commission consulted DG MARK, ENTR and SANCO on the internal market/consumer protection and there is no EU angle to help. DG Tron were extremely helpful, but because the vessel is under 24 meters they have no Jurisdiction but Ireland has. Fishing vessels are not covered within the Single Market Legislation hence EU acquis on consumer rights are not applicable in this unique case. They are currently changing this rule because of all the associated issues. Safety, rights etc. We have contacted the EU, Irish Ombudsman, EU Petitions Committee on different issues of the same case but they couldn’t investigate. We were time barred in Germany and Holland and the Irish High Court ruled they had no Jurisdiction leaving us nowhere to go and awarded substantial costs against us. Article 47 Charter of Fundamental Rights should have allowed us to be heard.

It’s unbelievable we fall between the cracks in all avenues, as Irish and EU citizens to be cast adrift like this to deal with this ongoing life sentence with all associated difficulties, financial, mental health, relationships etc. when we did nothing wrong only buy a fully certified EU fishing vessel which after being on the Irish Registry was found to be a death trap the only good thing, I can say she wasn’t lost with all hands.

Regarding action taken by secretariat, I will again read out the dates of correspondence: 2 May 2023; 7 June 2023; two items on 14 June 2023; 22 June 2023; three items on 12 July 2023; 27 June 2023; 24 and 27 July 2023; 22 August 2023; four items on 15 November 2023; four items on 12 January 2024; 25 January 2024; 13 February; 11, 13 and 15 March 2024; 9 June 2024; 4 and 17 September 2024; and 17 October 2024.

The committee recommends that the members here today discuss the documentation and decide on the most effective route to take. Do members have any views?