Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

Ba mhaith liom mo bhuíochas a chur in iúl don Teachta Gallagher as an rún seo a chur os comhair an Tí tráthnóna agus tá áthas orm go bhfuil deis agam píosa beag caint a dhéanamh ar shon mo pháirtí faoin rún seo a bhaineann leis an gcóras pointí pionóis ar iascaireachta a chur i bhfeidhm ag an Rialtas. Ní seo an céad uair atá iarraithe ag an Rialtas é seo a dhéanamh ach mar atá a fhios againn agus mar atá sé ráite ag an Teachta Martin Kenny agus na cainteoirí roimhe seo, bhí ar na cúirte bogadh isteach an uair deireanach agus a rá nach raibh an rud a bhí á dhéanamh ag an Rialtas bunreachtúil. Fad agus a táimid ag plé cúrsaí bunreachta, le tamaill anuas, léiríonn sé an tuiscint atá taobh istigh den Roinn agus an Rialtas ó thaobh go bhfuil an Rialtas ag cur leasú dá reachtaíocht chun tosaigh ar an dara lámh tríd an statutory instrument ina raibh na cúirteanna ag rá nach raibh sé dlíthiúil.

Penalty points for fishing offences have long been an issue of controversy and that has been caused in no small part by the Government and its arrogance and utter disregard for fishermen, their industry and the courts. In March 2016, I was proud to table a motion in this House on a statutory instrument signed by the then Minister, Deputy Coveney. He was attempting to impose a penalty points system at that time but it was struck out. It was the very same statutory instrument, seeking to reintroduce a points-based system, which the High Court had found to be unconstitutional as it operated under the assumption of guilt. It says a lot about the mentality of the Government and the Department, and of the way they see fishermen, that they brought forward a statutory instrument in this way and which our courts found did not meet the criteria in the Constitution. In ainneoin breith na cúirte, tá páirtí an Aire chun an reachtaíocht seo a shíniú ar aon nós. Mar sin sháraigh sé ceartaí iascairí agus na cúirteanna fosta agus bhí tús áite tugtha ar polasaí an Rialtais thar achan nith eile. Sin an fadhb mhór atá anseo, go bhfuil an tús áite sin tugtha do pholasaí an Rialtais in áit tús áite a bheith á thabhairt do iascaraí atá ag obair agus ag iarraidh a bheith i mbun a slí beatha.

Sinn Féin is not opposed to a system of penalty points for fishing offences in accordance with our obligations under European regulations but any such system must be fair and equitable. They are the key test for all of this. The system must respect the individual rights of fishermen and must not unfairly impact on their livelihoods and those of fishing crews. It must be a regime which allows for natural justice to occur and to be seen to occur and must, therefore, allow for recourse to the justice system. That is the test my party has to a system that is to be introduced or is before us, such as the one we are debating this evening. This statutory instrument, unfortunately, fails these tests and that is why it needs to be rescinded.

It is beyond comprehension that any proposed regime would not allow redress in courts in circumstances where a complainant is not satisfied with the sanction imposed under the regulations. Deputy Martin Kenny spoke at length on the restrictions on one's ability to take a case to the High Court, such as the provision that it must be on a point of law. It is my party's view that such a provision is needed to give effect to the ruling of the Supreme Court on this matter and to deliver a system which is fair to all who are subject to it.

I am in a privileged position to represent the constituency and the people of Donegal, in which there are many fishing communities. I know only too well the challenges and the hardship that many of those involved in the fishing industry face daily. The idea that a Government would seek to introduce a penalty points system that is not only unjust but is punitive and discriminates against fishermen is not surprising, given its track record on the matter, but it is nevertheless shameful and unforgivable. Mar sin, tugann Sinn Féin ár dtacaíocht don rún seo atá os comhair an Tí inniu agus molaimid go ligfidh gach Teachta Dála don rún seo rith tríd an Teach fosta. For too long our fishing communities have been let down by successive Governments. Indeed, they have been abandoned and criminalised by the powers that be. I ask all Deputies to show that Members of this House hear their concerns, support them and support their right to pursue their livelihoods without fear or favour. That is why we need to rescind this statutory instrument.

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