Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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The witnesses stated they would welcome feedback and comments. I see this as another nail in the coffin of Irish fishermen and women. Every debate we have had since I came to the House in 2002 has been about regulation and the criminalisation of fishermen and women. Now it is about penalty points, or whatever one wants to call this. No Government has ever dealt with the problems facing fishing communities, which are a lack of quota, the fact the initial negotiations were disastrous and the continuous attempt to criminalise the industry and the decent and honourable people who brave the elements to feed their families. This is a continuation of it. It will make it more and more difficult for people to remain in the industry.

At the start of our meeting we had a discussion on the situation facing the inshore fleet and fishermen. People have not been to sea since the second week of December. They have no income whatsoever. They cannot obtain social welfare because they are categorised as self-employed. Some crew members have had to go to community welfare officers with cap in hand to try to get a few bob to feed their families. Today we have heard about more restrictions on people trying to put food on the table.

I have known fishermen all my life. I have been part of the industry. I know very few who would be considered cowboys. The overwhelming majority are honourable and decent people and they are being ground down by successive Governments which have failed in their responsibility to protect an industry which could be so beneficial. I have been critical of the Sea-Fisheries Protection Authority in the past. My judgment has not changed with regard to what has been presented today.

The witnesses stated their priority is to have a system which minimises subjectivity. The implementation of these rules is subjective and it is up to an SFPA officer to decide whether an offence is serious or not. A person's livelihood is determined by the subjectivity of the officer in question. In many areas there has not been a very good relationship between the SFPA and the fishing community. I do not cast any aspersions on any individual member of the SFPA, which initially was charged with a responsibility without any terms of reference. We spent three years trying to find out to whom the SFPA was accountable, and we had to drag the information out of the Minister and the Department. For years we were told the SFPA was accountable to nobody but now we have found out it is accountable to this committee.

It was stated this is one tool in the box. What are the other tools the SFPA has in mind with regard to infringements? As I stated, whether an infringement is serious is subjective. Is it deemed serious by an individual SFPA member or does the matter go to a committee? It was stated that points stay on licences for three years after the last infringement. I do not believe anyone here does not have penalty points for driving. Three years after the actual infringement the penalty points are removed. What the witnesses have stated is these penalty points will remain on the licence for three years after the most recent infringement. This makes no sense. It makes the bloody thing worse. If somebody decides to sell his or her boat and licence the penalty points will be transferred to the purchaser. What guilt is associated with somebody who buys a licence that he or she must take penalty points for an infringement by a prior owner? It is an absolute disgrace how this can be stood over and defended.

One has 21 days to appeal a decision. What access does one have to the courts? Nothing in it states one has access to the courts. Even if one had access to the courts what fisherman or woman could afford to go to the High Court to challenge a decision taken by the SFPA? Where would they get the resources if such recourse is available to them? How could they afford to pay a barrister and a solicitor when they cannot put bread on the table? It is another effort to destroy what is left of a very small and shrinking industry. It will do absolutely nothing to protect the rights and entitlements of our coastal and fishing communities.