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

The Deputy will be aware that Statutory Instrument No. 125 of 2016 - European Union (Common Fisheries Policy) (Point System) Regulations 2016 – implements the required EU points system which applies to the licence holder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected within the exclusive fishery limits of the State or for an Irish vessel, wherever it may be.

The concerns of the fishing industry on this matter are reflected in the programme for partnership Government which provides that,"Subject to legal advice and review, the penalty points statutory instrument will be amended to reflect the concerns raised with regard to the assignment of points following the completion of the prosecution process, while ensuring that Ireland is fully in compliance with its obligations under EU law."

Upon taking office, I requested that the Attorney General consider, and advise me on meeting, this programme commitment.

I have now received this advice and have considered the issues arising. I am satisfied that I am in a position 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.

I also met with representatives of the fishing industry last week to discuss a wide range of issues, including their concerns about the implementation of the EU points system and have updated them on this matter.

This new arrangement is subject to addressing some important legal and administrative issues in order to ensure compliance with EU law.  I intend to report back to the Oireachtas as soon as I have finalised a way forward in the context of dealing with the relevant legal and administrative matters. However, I am confident that these matters can be dealt with in a collaborative and constructive manner with all stakeholders.

In the meantime, it is important that the 2016 statutory instrument remain in force so that Ireland remains in compliance with the legal requirement to implement the EU points system. Accordingly, I do not propose to revoke the statutory instrument until a revised system can be put in place. The Deputy will be aware that the European Commission is empowered to commence infringement proceedings against member states that are not implementing EU law. A negative judgment from the European Court of Justice in this context could cost the State significantly in lump sum and ongoing fines. There would also be serious potential implications with regard to the release of funding for the fishing industry under the European Maritime and Fisheries Fund, EMFF.

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