Michael Creed (Cork North West, Fine Gael) | Oireachtas source

I thank the Deputy for his good wishes. He has always had a keen interest in fisheries matters. In previous debates on the matter, Deputies from Malin Head to Mizen Head and from Hook Head to Clogher Head were exercised by the matter. The Deputy's constituency colleague and my party colleague, the Minister of State, Deputy Joe McHugh, also contacted me about the matter. As I said to the various principal officers I met today, I come to this portfolio with not a mile of coast in my constituency. Maybe in some regards this is an advantage in that I come with no baggage. I welcome good counsel on these matters and Deputy Pringle will not be shy in marking my card and giving me a whisper in the ear if I need assistance on these matters.

I thank the Deputy for raising the issue, which gives me an opportunity to update the Dáil on certain matters pertaining to the European Union (Common Fisheries Policy) (Point System) Regulations 2016, SI 125 of 2016. Member States are required, under the 2009 EU Fisheries “Control” Regulation, to assign the appropriate number of points to the licence holder of the vessel concerned every time a serious infringement of the Common Fisheries Policy is committed. Ireland had previously implemented the required EU points system by means of SI 3 of 2014, which was the subject of two recent High Court challenges and was struck down in one of them. The two High Court judgments are subject to appeal.

Given that Ireland is required to have in place a legal instrument implementing the EU points system, a new amended instrument, Sl 125 of 2016, was drafted and signed on 1 March 2016. It took on board, to the extent possible, issues of concern regarding procedures and process which had been highlighted in the High Court cases. Much of the scrutiny regarding SI 125 of 2016 since it came into force stems from the fact that points apply separate to any criminal prosecution or conviction or where a prosecution results in an acquittal. It has been suggested that the EU points system should, instead, be combined with a successful prosecution through the courts. In recent weeks, there have been a number of meetings between me, my predecessor and the fishing industry with regard to the concerns raised. I met with representatives of the fishing industry this morning to discuss a wide range of issues and, in particular, their concerns on the implementation of the EU points system.

On taking office, I requested that the Attorney General consider whether there is a way that the assignment of EU points for the licence holder can await the completion of the prosecution process while at the same time ensuring Ireland is fully in compliance with its obligations under EU law. Further to the programme for Government commitment pertaining to the assignment of points, I quickly sought that advice from the Attorney General as prescribed in the document. Having received this advice, I am satisfied to move on the introduction of a system for the sequential application for EU points in conjunction with the prosecution process, thus fulfilling the ambition outlined in the partnership programme and going to the heart of Deputy Pringle's concerns which he articulated here.

This move is subject to addressing some important legal and administrative issues in order to ensure compliance with EU law. I have listened to the concerns of industry and intend to report back to the Oireachtas as soon as I have finalised a way forward in the context of dealing with the legal and administrative matters that arise. However, I am confident that these matters can be dealt with in a collaborative and constructive manner with all stakeholders. Irish fishermen should be assured that the State is taking seriously their concerns that a fishing industry can be maintained for them and those coming after them. The conservation of fishing resources is in everyone's interest and is vital for the future of the Irish fishing industry. I am confident that the reformed points system that I have announced will play a vital role in acting as an effective sanction against the minority who break the rules, protecting the vast majority of our law abiding industry and preserving the fishing resources for all fishermen and for future generations.

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