Timmy Dooley (Clare, Fianna Fail)
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Táim lán-sásta a bheith anseo ag caint leis an tÚdarás um Chosaint Iasmhaigh Mhara, SFPA, inniu. The Government fully recognises the critical importance of maintaining a vibrant fishing sector. The Programme for Government: Securing Ireland’s Future reflects this approach by committing to securing a sustainable future for the fisheries sector while supporting coastal communities that rely on this important activity for their livelihood.

Since my appointment 12 months ago, I have travelled widely and engaged with stakeholders across the industry. There is a considerable level of frustration currently with enforcement practices and the legislation underpinning same. There is a view of the current system whereby offences are dealt with under the Criminal Justice Acts is disproportionate. I also hear that the sanction with penalty points is fine but it is not harmonised with the rest of Europe. As I understand it, we do not have a harmonised system of penalty points across the EU.

I very much welcome the initiative of the committee under the rapporteurship of Deputy Mac Lochlainn to form a report, which I assume will be published and circulated in due course. I want to participate, obviously, in that work insofar as I can.

The SFPA's vision is to be a trusted regulator that promotes and verifies compliance, supporting sustainability in Ireland’s sea fisheries and seafood sector in a fair, proportionate and transparent way and, where necessary, enforcing national and EU sea fisheries and seafood safety law effectively. This means the fair regulation of all fishing vessels operating within Ireland’s 200-mile limit, Irish fishing vessels wherever they operate and of all seafood production in Ireland.

As the Minister of State with responsibility for this area, I am precluded by statute from getting involved in operational matters, including in relation to sea fisheries law enforcement. Section 68(1) of the 2006 Act provides that the SFPA is accountable to the Committee of Public Accounts regarding the regulatory and financial transactions, the efficiency of resource use, and the evaluation of operational effectiveness. Section 68(2) provides that the SFPA shall account to this committee for the performance of its functions and "shall have regard to any recommendations ... relevant to its functions." I have no doubt that the committee will incorporate that in its report.

The consistent message I am hearing from all my industry engagements is that they want to see a fair and strong controlled framework, which is a key element of protecting fish stocks on which our seafood sector depends. While the SFPA is independent in the exercise of its functions, section 48 of the 2006 Act established the SFPA consultative committee "for the purposes of consultations and liaison with the sea-fisheries and seafood sectors and other relevant interests on matters relating to the functions" of the SFPA. I understand that the consultative committee is a very good structure but it needs to be more than just a one-way conduit for information flow. I have met almost all of the 14 committee members, who are excellent representatives. They understand the industry and its challenges.

Our Department is committed to ensuring that State bodies under its aegis achieve the highest possible standards of corporate governance. We work closely with the SFPA to ensure good governance in meeting its objectives. This includes confirming that the SFPA complies with the Department of public expenditure's code of practice. The SFPA's budget has developed in recent years to reflect new requirements in fisheries control beyond funding for capital projects to ensure the agency's ability to meet its existing objectives. The SFPA has embarked on an ambitious programme of digitalisation. The SFPA will implement a new digital inspection service in 2026 and will continue to develop new resources to meet requirements under the revised control regulation.

In terms of the SFPA's legislative framework, one important element in the EU fisheries control regulation provides for a Union fisheries control system for ensuring compliance with the rules of the common fisheries policy and establishing a level playing field across the EU on fisheries control. The current control regulation entered into force in January 2024 and updates and amends the previous 2009 control regulation. Our Department is working with the SFPA and other relevant Departments to introduce the required measures to implement at national level the relevant provisions of the updated control regulation.

I wish to advise the committee that I intend to carry out an independent evaluation of the 2006 Act in the near future. Specific terms of reference will first be drafted to set the parameters of the evaluation. I would welcome the committee's input to this phase of the work. Specifically, I believe we need to address the consistently raised issue that the Act requires criminal rather than administrative sanctions for minor infringements. It is also time to evaluate the governance and oversight provisions of the SFPA in the Act, and the committee's input would be helpful in this regard.

I want to make it clear that my desire to review the Act in no way casts any aspersions on the implementation of the law currently by the SFPA. I have full confidence in the SFPA as it is currently implementing the Act. It is the Act that I want to review in this regard.

The SFPA completed an organisational capacity review in 2020. PwC was commissioned to undertake a capability review of the SFPA, focusing on identifying actions that were necessary to strengthen the organisation in order to operate more efficiently and effectively.

The review report was published by the SFPA in April 2020 and included a total of 46 recommendations. Following the publication of the report, the Department nominated a three-person independent advisory board, with expertise and-or professional experienced in senior administration, public sector governance requirements and management, not related to the sectors regulated by the SFPA, to assist the SFPA management in strengthening the capabilities of the organisation.

The SFPA has taken significant steps to address the report’s recommendations through the appointment of an independent advisory board and the appointment of a director of transformation. The implementation of these recommendations was completed, I believe, in 2023 and the SFPA's current strategy integrates these recommendations.

Additionally, our Department has provided significant additional resources to the authority in recent years to strengthen the organisation and ensure that it delivers to a high standard on its core responsibilities.

In conclusion, I am satisfied with the SFPA's current governance and accountability requirements, as I have outlined, are functioning. I welcome the opportunity to discuss these important matters with the committee today and thank the Chair again for the invitation