Tom Sheahan (Kerry South, Fine Gael)

According to this document, Mr. Sheehan "advised that there is strong feeling at local level and a group of fishermen are coming together to take the Minister to court for not applying licensing policy in a fair and even handed manner". A note from Ms Kelly states: "I explained that any significant change in policy in relation to licensing and registration of fishing vessels was discussed with industry representatives". This was a warning from the representatives that they would be taking the Minister to court.

The next document in the ombudsman's report to which I would like to refer regards the use of capacity for replacement purposes. It is a letter from the Minister's secretary to Ms Kelly. It states: "Draft letter for issue by the Minister in respect of owners who have made representation to him". The attached asterisk is explained at the bottom of the page - the two owners were Mr. Paddy Mullen and Mr. Tony Faherty. How the former Minister can say that everything was above board, I do not know.

What occurred and has been highlighted by my colleagues was tragic. The Byrne family did not qualify. The first qualifying criterion in the fishing vessels lost at sea scheme for replacing capacity requires the applicant to be the owner and skipper or a registered Irish sea fishing boat. This condition exempted the Byrne family because the poor man was lost at sea with his son. His wife was at home trying to raise eight young children, so the family could not qualify. The scheme was designed and ring-fenced - I will use the former Minister's own words - for six or eight people.

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