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

I would like to be associated with the Leas-Cheann Comhairle's good wishes to Deputy Pringle. I thank Deputy Connolly for taking this question. It is an important one at this time.

The European Union (Common Fisheries Policy) (Point System) Regulations 2016, SI 125 of 2016, establish a points system which will apply to the licenceholder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected. It is intended that the new statutory instrument, which I intend to sign shortly, will amend SI 125 of 2016 to change the make-up of the determination panel set up under the 2016 statutory instrument to determine whether, on the balance of probabilities, a serious infringement occurred and whether it is a serious infringement. This will involve the appointment of three independent legal professionals nominated by the Attorney General, thereby completely separating the enforcement and determination functions. The new statutory instrument will, to the extent that it is possible, take on board the issues of concern regarding procedures and processes highlighted in the High Court judgments on this matter. It will also amend SI 125 of 2016 to address certain minor technical and drafting issues arising.

In June 2016, I advised the Oireachtas that, subject to addressing some important legal and administrative issues, I was hopeful about moving towards a system of sequential application of EU points in conjunction with the prosecution process, having consulted the Attorney General's office. I made it clear that this move was subject to addressing some important legal and administrative issues to ensure compliance with EU law.

There has been extensive examination and consideration of all the issues in regard to meeting our EU obligations to implement the points system in the interim. The firm legal view available to me is that it is not possible to deliver on an effective and dissuasive points system, as required under EU law, by assigning points to licenceholders upon successful prosecution.

Accordingly, as is the case with SI 125 of 2016, it is intended that the new statutory instrument will provide that points assigned to a holder of an Irish licence will remain assigned regardless of any criminal proceedings pending, or the outcome of any such proceedings, in respect of the serious infringement concerned. Under the new statutory instrument, the licenceholder may appeal on a point of law a decision of the independent fisheries adjudicator to the High Court. In the 2014 statutory instrument, this appeal was "final and conclusive". This aspect of the provision has been removed.

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It should be noted in this context that pilot infringement proceedings by the European Commission for non-implementation of the EU points system have been taken against Ireland. It remains an option for the Commission to proceed to formal infringement proceedings in respect of the licenceholder system.

There are also serious implications with regard to the release of funding under the European Maritime and Fisheries Fund, EMFF. Implementation of the EU points system was an ex antecondition for the approval of Ireland's EMFF programme, given that the programme is intended to facilitate the implementation of the Common Fisheries Policy in Ireland. The European Commission has signalled in writing that the delivery of funding under Ireland's EMFF operational programme is firmly linked to the implementation of the points system. This programme is investing €241 million of EU or Exchequer funding in total in the fisheries sector over the lifetime of the programme, which is crucial at a time of Brexit uncertainty. The immediate concern is with regard to the control and data collection funds. The European Commission wrote in July 2017 advising that due to the non-implementation of the points system, EMFF funding allocated for control spend will be suspended.

Having an effective, proportionate and dissuasive system of points for all fishing vessels, Irish and non-Irish, operating in our 200 mile zone is beneficial to maintaining the sustainability of fish stocks on which our seafood sector is dependent. This system will ensure that the vast majority of our law abiding fishermen are able to compete effectively and look forward to a sustainable future in the industry.

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