Tony Killeen (Clare, Fianna Fail)

Under the conditions, any capacity awarded could not be traded, sold on or otherwise disposed of, and the vessel to which it applied had to be skippered by the successful applicant or an immediate family member. The success rate of only six from 68 applications received reflects the stringent conditions of the scheme. The case, which is the subject of the Ombudsman's report, was not one of these 68 applications and the application was received in January 2003 for a scheme which closed in December 2001.

It is important to take account of the conditions of the scheme as published to appreciate the Department's view and its position on the report. These included that the capacity of a vessel which was lost at sea before the establishment of the sea fishing boat register set up by the 1989 regulations would, as an entirely exceptional measure, be accepted as replacement capacity provided that the Department was fully satisfied, by reference to appropriate documentary evidence on several points, the first of which was that the applicant was the owner and skipper of a registered Irish sea boat which was lost at sea. Second, that the boat in question was lost at sea after 1 January 1980 as a result of an accident and that such loss has been verified by the emergency services or another independent source acceptable to the Department. Third, that the boat in question was shown, by reference to log sheet returns or other appropriate records, to have been in active and continuous use for a considerable period of years by the person concerned for sea fishing of a category now covered by the replacement policy rules until its loss at sea. Fourth, that the lost vessel was the sole means, that is, the only vessel, of the applicant for engaging in sea fishing. Fifth, that the applicant was unable, for verified financial or related reasons, to acquire a replacement vessel, or any other registered vessel, before the introduction of the new register pursuant to the 1989 regulations. Sixth, that the applicant has been unable also, for verified financial or related reasons, since the inception of the new registration system, to acquire a fishing vessel to engage in sea fishing of the same class or description as was carried out by the vessel lost at sea, or any other sea fishing vessel which is subject to the replacement policy regime and, finally, that the applicant did not receive any financial benefit from the loss.

It was provided that the capacity of a fishing vessel lost at sea would be accepted as replacement capacity for licensing purposes only if it would be used for the purposes of sustaining or maintaining a family tradition of sea fishing. Any capacity accepted as replacement capacity must, therefore, be used for the purposes of introducing a replacement for the lost vessel which would be owned and skippered by the applicant or by an immediate relation of the applicant. Any capacity from a lost vessel so used could not be sold or otherwise disposed of.

Applications under the scheme had to be received by 31 December 2001. These conditions were intended to ensure that only genuine cases were successful, and that only the immediate family could benefit from any capacity awarded.

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