Pat Gallagher (Donegal, Fianna Fail) | Oireachtas source

I must highlight the Minister's statement that he had consulted with the industry on 20 October. We did not have the Supreme Court judgments until December, though. If the Minister discussed the matter with the industry in October, then it is vital that he enter into consultation with it post the judgments of December. Consultation is essential.

Furthermore, I presume that, while preparing the statutory instrument, the Minister will take into consideration affording fishermen a full right of appeal. It will not be sufficient to say that they may appeal on legal grounds. They must have a full right of appeal. Unless that right is inserted into the new statutory instrument, the Government will not be compliant with the Supreme Court judgments. The burden of proof must be removed from the accused and placed on the State when a charge is applied, which is in keeping with common law, the legal system found in Ireland and Malta.

I appreciate that pressure is being exerted on the Minister by the Commission in light of the EMFF, but the Commission must recognise the jurisdiction of this country and the decisions of the Supreme Court. The prospect of withdrawing funds is nothing short of blackmail. I am confident that the Minister will fight the Commission.

We will await the Minister's draft and I will reserve our party's judgment on signing it until we see it.

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