Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

Gabhaim buíochas leis an Teachta Mac Lochlainn for raising this issue today and giving me the opportunity to discuss it in the House. At the outset, I want to congratulate him on his appointment as marine spokesperson for Sinn Féin. Both of us come from the county of Donegal and will have fishing, the marine and aquaculture very much in our hearts and I look forward to working with him very constructively in that regard, as I know he does.

We are discussing the European Union Common Fisheries Policy points systems regulations which were signed into force on 26 August by the Taoiseach and acting Minister for Agriculture, Food and the Marine, Deputy Micheál Martin. The 2009 EU fisheries control regulation requires member states to establish points systems in respect of serious infringements of the rules of the European Common Fisheries Policy. These rules are designed to ensure that fishing in EU waters is sustainable and that the long-term interests of fishing and coastal communities are protected by ensuring that our precious fishing resource is protected.

The points system is intended to complement the normal sanctioning system in a member state for serious infringements and to promote a level playing field on control within the EU. These systems were due to be implemented, as the Deputy knows, by 2012. Ireland is responsible for the control of all fishing activity by Irish and foreign fishing vessels in our 200-mile zone. The points to be assigned under the new statutory instrument will be applied to Irish and foreign fishing vessel licenceholders held responsible for serious infringements committed in Ireland's 200-mile zone. These new regulations are a requirement of EU law and, as has been the case since 2012, all other coastal member states have now implemented this EU points system. Ireland has been found to be in breach of its EU legal obligations as a result of our failure to implement them before this point.

As a result, the EU Commission, under infringement proceedings, issued a reasoned opinion to Ireland in July 2020 and has given Ireland three months in which to respond. The implementation of these regulations were already overdue, but obviously the urgency has been amplified by that reasoned opinion. In addition, the European Commission has formally suspended payment to Ireland of EU co-funding payments under the European maritime fisheries fund, EMFF, operational programme. This suspension will continue indefinitely until Ireland puts in place the necessary legislation and administrative systems to comply with the EU points system. Unless the regulatory lacuna is addressed immediately, we face an increasing financial cost for taxpayers.

EU funds for control and enforcement available to Ireland under the EMFF are €37.2 million over the course of the programme. As of September 2020, €13.5 million of those payments have been withheld. A further recoupment claim due to be submitted later this year will result in the figure withheld rising to €24.5 million. A total of €37.2 million is at risk for the full period of the programme.

The new statutory instrument takes on board in full the findings of the related 2017 Supreme Court judgment that the procedures followed must be fair and in accordance with best practices. It involves a determination panel comprising three independent legal professionals who have been nominated by the Attorney General and offers a licenceholder the option of an oral hearing for the purposes of the determination. In addition, a decision may be appealed to an independent appeals officer nominated by the Attorney General and the licenceholder has the option of seeking an oral hearing at this stage.

Under the statutory instrument, the accumulation of points for persistent serious infringements of the rules of the Common Fisheries Policy will lead to a suspension of a sea fishing boat vessel for a period of anything from two months to one year. In extreme cases, persistent serious infringements could lead to the permanent withdrawal of a licence. It is important to note that the EU control regulation provides that if the licenceholder does not commit within three years from the date of the last serious infringement another serious one, all points on the licence will be deleted.

The new statutory instrument includes a number of, but not all, amendments sought as a result of consultations with industry. The new arrangements are the minimum required to meet the test of proportionality, effectiveness and dissuasiveness required under EU law. I am confident that the new enhanced points system will play an important role in delivering on our Common Fisheries Policy objective of ensuring proportionate, effective and dissuasive penalties for serious infringements and will contribute to a level playing field in fisheries control across member states.

The points system is necessary as an effective measure against the small number, either foreign or Irish, of those who break the rules. It is necessary to protect the vast majority of our law abiding fishermen from the few who might and would incur repeated serious infringements and put in jeopardy fish stocks for law-abiding fishermen for future generations. I am very aware of the concerns that have been raised by the sector, and will meet representatives to discuss them in due course to listen to and discuss the rationale behind the need for this statutory instrument.

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