Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

SI No. 3/2014 gives effect to the requirements of Article 92 of EU Council Regulation 1224/2009 and Commission Implementing Regulation 404/2011. In accordance with the EU regulations, the statutory instrument gives full effect to a points system for the licence holder of a sea-fishing boat. The points system applies where a serious infringement of the Common Fisheries Policy by a fishing vessel - this is applicable to EU and third country vessels - is detected within the exclusive fishery limits of the State or for an Irish vessel wherever it may be.

The statutory instrument was prepared in close co-operation with the Office of the Attorney General. I have full confidence that it is legally sound and consistent with the requirements of the EU regulations, the Irish Constitution and natural justice. The purpose of the EU regulations, as stated in the recital, is to create a level playing field in fisheries control across the EU. All member states have given effect to Article 92 of the Council Regulation in respect of the points system to apply for licence holders.

The points system for licence holders set out in the statutory instrument is not the administration of justice as understood in the criminal sense. It is a separate and parallel administrative system with a lower burden of proof. It is important to note that there will be no immediate sanction for a licence holder following the application of points. Rather, there must be persistent serious infringements leading to an accumulation of a certain number of points before any suspension will occur. The accumulation of points for persistent serious infringements of the Common Fisheries Policy will lead to the suspension of a sea-fishing boat licence for a period from two months to one year. In extreme cases, persistent serious fisheries infringements could lead to the permanent withdrawal of a licence. It should also be noted that provision is made in the statutory instrument for a robust and effective appeals process. Therefore, a licence holder may apply to an independent appeals officer against any proposal to apply points to him or her. I have already appointed an Appeals Officer in accordance with the provisions of the statutory instrument. The statutory instrument also makes provision for appeal on a point of law to the High Court in respect of the decision of an appeals officer.

The Deputy's question is whether points continue to apply following the taking of a legal case which is lost. The answer to that question is "Yes, they do," in the same way that there is a difference between a civil and criminal case in a court of law. It is akin to a person receiving penalty points having been caught driving too fast. However, those concerned may appeal the penalty points to an appeals officer and the High Court.

See this speech in context