Mr. Micheál O'Mahony:

Having set out the EU scheme, I will describe how the statutory instrument established the points system within this State. Some terminology used within the Common Fisheries Policy, CFP, is the concept of a flag state, the state in which the vessel is registered, and the coastal state, the state which has jurisdiction over the waters in which the vessel fishes or lands. One basic principle of the CFP is that the flag state issues licences or authorisations while the coastal state has the primary obligation for control and enforcement within its waters. The matter of points, therefore, straddles the obligations of the coastal state and the flag state.

Arising directly from the extent of non-Irish fishing in the Irish exclusive economic zone, EEZ, Ireland's fishery control obligations as a coastal state are far in excess of its obligations as a flag state. SI 3 of 2014 covers all vessels fishing in waters under Irish jurisdiction and Irish vessels wherever they fish. Thus three scenarios arise: Irish vessels with serious infringements in Irish waters; non-Irish vessels with serious infringements in Irish waters; and Irish vessels with serious infringements in non-Irish waters. The process begins with the detection of an infringement by a sea-fisheries protection officer, usually an officer of SFPA or the Naval Service. This typically takes place during an inspection at sea or at landing, but might also arise in the context of administrative cross checks, for example fishing logbook data against vessel monitoring system, VMS, data or fish sales records. SFPA is then required to assess if the infringement is serious. This is determined by whether it is within one of the categories and is sufficiently grave.

If an infringement is deemed serious, SFPA would then notify the licence holder of that decision and the resultant intention to assign the associated number of points. At this stage, there exists a decision by SFPA, an associated proposal to apply points to that licence and a notification of that proposal. No points have yet been assigned. The licence holder can appeal this decision within 21 days of the notification by SFPA. The statutory instrument provides for a specific appeals officer, the administration of which is a matter for the Department of Agriculture, Food and the Marine. The appeal should normally be decided within 28 days. If the appeal is upheld then the points will not be assigned. If the appeals period expires, or the appeal is not upheld, then the proposal to assign points stands. SFPA would then inform the licensing authority of the flag state of the occurrence of the serious infringement and the associated need for the assignment of points to that licence.

Non-Irish vessels in Irish waters are subject to the same procedure, with notification by SFPA to the flag state authority of the intention to assign points, notification to the licence holder or skipper of the intention to assign points and, if exercised, the right of appeal by the non-Irish licence holder to the Irish appeals officer. Following that process the SFPA would inform the licensing authority of that flag state of the points to be assigned to that licence.

The third category mentioned at the outset, an Irish vessel in non-Irish waters, is also provided for in the statutory instrument, whereby SFPA, upon notification by the coastal state of a serious infringement by an Irish vessel outside of Irish waters, would inform the Irish licensing authority of the points to be assigned. In that context, the natural justice and appeals considerations rest with the coastal state, and SFPA would act only following the expiration or exhaustion of those.

A key consideration in all of this is the assessment of whether an infringement within one of the 12 categories is deemed by SFPA to be serious or not. We are emphatically of the view that sanctions have maximal effect if they are used in a proportionate manner. Would-be offenders should be aware that more serious infringements have more serious consequences. Accordingly, SFPA has drafted procedures to inform this decision-making process. Our priority is to have a system that minimises subjectivity and maximises consistency, fairness and probity, and ensures a proportionate outcome.

We specifically envisage the assessment of seriousness to rest with an internal multi-person group, which might include representatives of the Naval Service and-or other expertise where appropriate. We have taken legal advice on our draft procedures and we await final outcomes of those considerations. The statutory instrument provides for publication of guidance around criteria under which the level seriousness is assessed and we intend doing so once we have finalised them.

The decision to regard an infringement as serious, and thereby liable to the assignment of points to the licence, is a separate process to all other sanctions that may apply. It may well be the case that, in addition to points for the licence holder, a prosecution of the skipper might also be considered appropriate in the case of serious infringements. That decision would follow the presentation of a case file to the Director of Public Prosecutions. Such a prosecution would take its own due course through the Irish courts and might result in conviction or acquittal of the skipper, but the decision to apply points to the licence holder would stand regardless of such outcomes.