Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I commend Deputy Gallagher's work on this issue. I know he has been liaising consistently with officials in the Department of Agriculture, Food and the Marine and the Minister to try to find a more satisfactory outcome that meets the needs of all concerned. We need to take on board the needs of the fishing sector. We need to avoid the possibility of it being struck down in the courts again. The Department's track record in introducing a penalty-points regime has been poor. Given that on two occasions attempted statutory instruments were struck down following appeals to the Supreme Court reflects very poorly on the management of the issue heretofore.

As Deputy Gallagher outlined, we recognise the need to introduce a penalty-points system but it needs to be fair and proportionate. Too often the fishing sector has been in adversarial mode with the Department of Agriculture, Food and the Marine and the Minister, which must change. We need to have proper consultation and engagement, involving, if possible, a partnership approach with the stakeholders involved. Deputy Gallagher has been very much to the fore in trying to achieve an outcome that addresses the concerns while complying with the regulations.

The key points that remain to be addressed relate to the burden of proof. The current approach in the statutory instrument deals with the balance of probability rather than having to prove beyond doubt, which is normally the case where a criminal sanction is being pursued. The role of the SFPA permeates the statutory instrument at all stages, which was the basis on which the Supreme Court struck down the previous statutory instruments.

The multiplication of points and tonnage is logical. If five penalty points are associated with a certain level of tonnage and that tonnage is sold in three lots, the full five points should apply to each of the three lots, rather than being applied proportionately with the level of tonnage involved.

We also need to address the issue of the timeline involved in appeals and the right to an oral hearing. It is time for the Minister to engage further with Opposition parties and Deputy Gallagher, as fisheries spokesperson for our party, to try to find an outcome that will be acceptable to all while meeting the needs and obligations of the State. In order to do that, the Minister should withdraw this statutory instrument and take on board the concerns expressed, make the amendments suggested by Fianna Fáil and issue a statutory instrument that better meets the needs of the sector while ensuring we are compliant with our obligations.

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