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

I put the same question the Deputy is asking of me to the Attorney General and officials in my Department - namely, whether we do could that and remain consistent with the Council regulation. It was made clear to me, under a point of law, that what we are dealing with in this regard is two parallel systems. The Sea-Fisheries Protection Authority, SFPA, will apply penalty points in respect of breaches of the rules. While in this regard a particularly high burden of proof will not be required, proof will be required before points can apply. Those awarded penalty points will have an opportunity to appeal, which is an entirely separate system from going to court. Where a legal criminal case is taken against a skipper or owner of a boat in respect of infringement of the rules, the burden of proof and punishment is much higher. It is a separate system. We cannot, I am told, in law overlap the two systems. They are different systems in terms of the burden of proof and punishments involved. The penalty points system is aimed at being a deterrent, one that is equal in respect of everybody across the European Union. The two systems need to remain separate.

See this speech in context