Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

I thank the Deputy for his understanding about the Minister not being available. The imposition of points for the licence holder of a vessel involved in a serious infringement of the Common Fisheries Policy, CFP, is set out in Article 92 of Council Regulation (EC) No. 1224/2009 and the detailed rules for its implementation are set out in Commission Regulation (EC) No. 404/2011. These regulations place the obligation on the flag member state of the vessel to assign the points to the licence holder as a result of a serious infringement detected in that or any other member state's waters.

The European Commission has clarified, at Ireland's request, that its legal services have advised that it is the responsibility of the coastal member state to determine whether a serious infringement has been carried out by a vessel of another member state operating in its exclusive fisheries. It is also the responsibility of the coastal member state to advise the number of points to be assigned by the flag member state in respect of that serious infringement. The flag member state does not have discretion. This is very welcome clarification confirms Ireland's interpretation of the EU legal framework.

The control regulations were introduced so that there is a common EU level playing field and to provide for an effective range of controls across EU waters. The intention of the EU points system is to have harmonised point sanctions for serious infringements across member states where the judicial and administrative sanctions can vary wildly between member states for the same offence. The points systems, thus, introduced an element of a level playing field for fishers.

In January 2014, SI 3 of 2014 gave effect to the requirements of Article 92 of EU Council Regulation (EC) No. 1224/2009 and Commission Implementing Regulation (EC) No. 404/2011, known as the control regulations. The statutory instrument set out a system for the assignment of points to the licence holder in an administrative system which was separate to the criminal proceedings against the master of the vessel as a result of the infringement. The points system, as required under EU law, applies to the licence holder where a serious infringement of the Common Fisheries Policy by a fishing vessel is detected.

The statutory instrument was prepared in close co-operation with the Office of the Attorney General. However, in the past two weeks the High Court has given judgment in two judicial review cases in which points were assigned based on this statutory instrument. These judgments were handed down yesterday and last Friday week. However, importantly, no order has yet been made. Both parties have been invited to make a submission to the court on the nature of the order to be made regarding the first judgment. The matter, therefore, continues to be before the court and, as such, is sub judice. It would not be appropriate to provide further comment on these cases here today.

It is necessary to deliver an effective system for the assignment of points to both licence holders and masters of fishing vessels where serious infringements are detected. This continues to be an obligation upon the State under the Common Fisheries Policy control regulations. Ireland has a pilot infringement case taken by the European Commission regarding the delay in implementing a points system for masters, which requires primary legislation and which is being prepared by my Department. It will be important that a points system is in place and is effective for both licence holders and masters, and the Attorney General's advice on the arrangements for licence holders taking account of the court judgments will inform the Minister's consideration of the way forward. As already stated, the matter is still before the courts and is sub judice, and it would be inappropriate to comment on the judgments.

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