Thomas Pringle (Donegal South West, Independent)
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I thank the members of the SFPA for their presentation. Penalty points have become accepted throughout the country with regard to driving offences. It is a concept which people can understand. I agree with much of what Deputy Ferris stated on the difficulties faced by the fishing industry with regard to keeping itself going and people continuing to make a living. I have some concerns about the regulations produced and I have a number of questions on them.

In the presentation it was stated the reason the Commission will introduce the penalty points system is to ensure compliance and a level playing field in all EU waters. This is a Commission regulation instructing the implementation of these penalty points. Will they be introduced in all coastal states simultaneously? Will they all come into effect in each coastal state at the same time? Are we sure if a non-Irish vessel is allocated penalty points here that they will be allocated by the coastal state to which the vessel belongs? How do the witnesses see this working and what systems are in place to ensure it will work on an EU-wide level? In the past it has been notoriously difficult to obtain information from other coastal states on the quota situation for vessels fishing here and to properly implement the Common Fisheries Policy regulations on such vessels. This has led to a situation where approximately 85% of boardings and inspections by the SFPA take place on Irish vessels. In my opinion it is more likely to stop vessels on which it has quota information rather than inspecting a vessel on which it has absolutely no quota information.

It was stated the system would minimise subjectivity and would maximise consistency, fairness and probity. Concern has been expressed to me about the variation in how individual fisheries officers treat boat owners and boats during inspections. The individual fisheries officer conducting the inspection will not have the right to assign the points.

I wonder how the three-person committee from the SFPA will operate. What information will be available to the assigning body in the SFPA? Will the fact that there are points on the licence be a factor in determining the seriousness of the issue? Will there be due process for a person to whom points are assigned?

The witnesses referred in the presentation to prosecutions that took place outside the penalty points system. This is also covered in the regulations section under matters relating to points assigned. If a person has been assigned penalty points for an offence that is under investigation and then is prosecuted for a criminal offence but the court finds that no offence has taken place, the points assigned remain on the licence. I think that is totally contrary to natural justice. That should not be in the regulations. If one is of the opinion that this is set out to punish fishermen who have been targeted, this section would show that this is the case. It is beyond any form of justice that somebody found innocent of an offence would retain on his or her licence the points assigned for the offence. I would like the witnesses comment on that.

I have not seen the reference to the criminal offences in the Commission regulations, and I wonder where the authority comes from. However, what is covered in the Commission regulations - and the SFPA probably has no leeway in this regard - is that a person to whom a licence with penalty points is transferred or who buys a licence with penalty points retains the penalty points on the licence. It is not the vessel that has caused the offence, but the owner or skipper who has committed the offence. It seems bizarre that the penalty points should be transferred with the vessel and the fishing effort. Somebody with a clean record could buy a vessel or a fishing effort that has 34 points against it. If the person gets two more points in the following six months, he or she faces suspension. I do not think that is just. Will the witnesses set out the rationale for that?

When I saw the list of offences set out in the Commission document it seemed clear-cut, and I find it strange that it could be subjective. Subjectivity leaves it open for one person to have points assigned while somebody else does not. It would not be transparent. I would be interested to hear how the procedures protect the SFPA from alleged subjectivity.