Pádraig Mac Lochlainn (Donegal, Sinn Fein) | Oireachtas source

Fishers all around our coast were shocked and outraged when they learned that the Taoiseach had signed off on the statutory instrument introducing regulations containing a penalty point system. Those fishers learned about this 11 days ago and I have spoken to many of them since. I was speaking to fishermen on Arranmore Island yesterday and they are absolutely shocked that the Taoiseach signed off on this when he voted against exactly the same statutory instrument in 2018. The Minister also voted against the proposal at that time. Both the Taoiseach and the Minister were right in how they voted on 29 May 2018.

The Minister will recall that, at that time, the then Fianna Fáil spokesperson on the marine, Pat The Cope Gallagher, introduced the motion. I have re-read what he had to say and he was spot on in his criticisms. Not only had he criticisms, he subsequently put forward amendments to the regulation that provided solutions to the problems he identified. The Dáil voted down a statutory instrument from a Minister for the first time on 29 May 2018 and it has not happened since, to my knowledge. The Dáil was right to do so because the contents of that statutory instrument and the one that has been passed in recent weeks were outrageous.

Imagine a scenario where a Garda issues penalty points to a driver. The driver says that he or she has done no wrong. The Garda then gets to select the judge who will hear the case and penalty points are still applied even though due process has not been exhausted. The driver then has no right to apply to a higher court. The same situation is happening here. The wording of the statutory instrument is incredible. It talks about decisions being made on the balance of probabilities. Under our common law system and Constitution, a person has a right to be presumed innocent until proven guilty. Those who are accusing a person, particularly when the State is the accuser, must prove his or her guilt beyond a reasonable doubt and yet the balance of probabilities is the standard under this statutory instrument.

There is also an issue around the Sea-Fisheries Protection Authority. A review is being carried out into that organisation but it is yet to be published so we do not know what recommendations it contains. There are serious concerns about the lack of accountability of the organisation.

We are going to give them the right not just to detect but to adjudicate, something that is unheard of in the justice system.

The Minister will know we have tabled an annulment motion which is almost identical to that tabled by former Deputy Pat The Cope Gallagher in 2018. We have held back on it in good faith and I have been asked by fishing representative organisations to give them a chance to meet the Minister and put their case. We believe that fair play can prevail. I am aware that the Minister will meet fishing representative organisations soon. I ask him to resolve this issue because, as he said eloquently in 2018, he knows this is wrong.

See this speech in context