Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

As I said, I will meet the sector next week. The Deputy and I both value their voice, contribution and what they have to say on behalf of the fishermen they represent. They very much recognise the need for an statutory instrument. My party engaged thoroughly with them at the time in terms of their concerns and they were discussed thoroughly in the Dáil. The statutory instrument which has been signed takes on board some of the amendments proposed, including two in particular. Others which had been proposed were adjudicated as not being in compliance with ensuring that we can meet the requirements we are obliged to meet in order to comply with our obligations under the EU Common Fisheries Policy.

As I said, all other member states have already put a penalty points system in place. We are now being fined and in the past two months alone, that has escalated significantly following the reasoned opinion from the EU. It is important that we address this issue.

On the Supreme Court decision which found against the previous statutory instrument, the grounds on which it found against that statutory instrument have been addressed in this statutory instrument, which primarily focused on the need for the appeals part of the statutory instrument to be distinctly separate from the Sea-Fisheries Protection Authority, SFPA, and this statutory instrument achieves that.

It has been drafted very much in line with ensuring that it complied with the previous Supreme Court decision and to meet and address all of those issues. The Supreme Court was only concerned with the administrative penalty point system which has been proposed and this statutory instrument takes on board what the Supreme Court would have found to have been at fault and had adjudicated upon. It also needs to ensure that we meet the key tests under European law. These are to ensure that we meet the tests of proportionality, effectiveness, and dissuasiveness, as required under EU law which are the reasons it is drafted in this way. I look forward to discussing with the stakeholders, and with Deputy Christopher O’Sullivan, in particular, who has been liaising with me on this. I also value the role former Deputy Pat The Cope Gallagher would have played in respect of this issue in the past. It is essential that we have a good workable statutory instrument that meets our EU requirements and protects fishermen to ensure that we protect those who are complying with the law and that the system that oversees this is fair. I will be meeting these groups and will be listening to their concerns and working with the sector to meet the challenges of Brexit in the period ahead, which is a real risk indeed. Gabhaim buíochas.

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