Tom Barry (Cork East, Fine Gael)
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I am not a fisherman, but I understand how sanctions operate in the agricultural industry. Has the SFPA conducted a survey of fishermen to establish their views on the Commission document and whether it is a good idea? If a survey has been conducted, does the SFPA have the results? If not, will it undertake to survey fishermen on it?

The regulations must work for ordinary fishermen. I know that one of the most significant problems faced by those in agriculture is that penalties might have been applied harshly. Fishermen, like farmers, should not go around in fear but need to be encouraged. I believe a level of discretion is required. Let me comment on some of the points raised in the presentation. Mr. Kinneen stated: "The control regulation requires member states to ensure that any enforcement sanction effectively deprives those responsible for any illegal fishing of any economic benefit derived from the infringement, and that sanction take into account the value of the fishery products..." Does that mean the value to the fisherman or the value of the product landed onshore? There are 12 categories of serious infringement. I do not know the definition of "valid licence". Is fishing without a valid licence a minor or serious infringement? In the course of the presentation he referred to concealing, tampering with and disposing of evidence. Would that be obvious, or is it possible that a fisherman might forget to hand up something? I do not like the reference to a fisherman who has obstructed the work of officials. I know what it means - that a fisherman has deliberately obstructed an official - but I have seen officials who would consider that they know the outcome before they investigate the situation. It drives me nuts when I see somebody do this. I am not casting aspersions on anybody, but that is the point I am trying to make. Is there a code of conduct for inspectors? Is it updated regularly, and has the SFPA surveyed fishermen to find out whether they are happy with the code of conduct and whether they feel it is working with them or against them?

The points remain on a licence for three years, which is a very long time. I feel the system could be reviewed if it is found not to be working. Is it meant to be a slap on the hand to remind a person to move back into line? I believe a three-year period is too much. If a licence holder invests in monitoring systems or green provisions for his vessel, this will cost extra money. They have been fined, and while a two-point reduction is slight, I think it could be a little higher. However, I completely disagree with the retention of the points on the licence when the vessel is sold. Do the sons bear the sins of the fathers?

Is there equity between states, and does this fall within the remit of the ombudsman? The fear is that the SFPA will be investigating itself. That is a concept that has been under scrutiny. I am uneasy about the regulations because I do not like to see regulations that could be burdensome. I would not like to be associated with adding more hassle to the life of a person who is trying to make a living. I agree with SenatorÓ Domhnaill on the need for an intermediate layer so that an infringement could be dealt with immediately without having to go to court.

Does the SFPA have a log of all the vessels it inspected in 2013? I want to establish whether some vessels are targeted and face frequent investigations. Are some vessels stopped every week or month while others are virtually not inspected at all? I have examples of this in another area in which I have worked. The frequency of calls tells an observer what is happening. In the analysis of vessels that were stopped last year, how many of these incidents led to convictions? Did a judge make a statement that it had gone too far? Before the SFPA asks for more powers in this regard, we need to know that the application of the rules is fair. I must qualify my comments by saying that I am not involved in the fishing industry, so if some of the points I have made seem totally off the wall, I ask that I be given some leeway.