Johnny Mythen (Wexford, Sinn Fein) | Oireachtas source

Fisherman form one of the most important sectors of our economy. They work in the most dangerous and, sometimes, the harshest of environments. The one thing they should not face is a points system that is not fit for purpose.

This motion is about fair regulations, the type of regulation promised in the programme for Government, which committed to implementing a fair EU points system. Nothing about SI 318 is fair, however. In no other EU member state does a system exist like the penalty points system in use in this State where the burden of proof is based on the balance of probabilities, points remain on a fishing licence even if someone has won the case in court, and the appeals system is not a true appeals system because the number of penalty points cannot be changed no matter the mitigating circumstances.

There have been many attempts to deal with this issue and one would assume that we as Oireachtas Members would be hearing in detail about how the High Court and Supreme Court judgments had been addressed and implemented in any new regulation. There are differences between the statutory instrument signed and then annulled in 2018 and this statutory instrument, but they are slight and, as such, the instrument leaves fishermen's livelihoods in peril. I have strong reservations about the constitutionality of this regulation. Were it not for the scrutiny of fishermen and Sinn Féin colleagues, we would not have had the opportunity to try to stop this sinking ship.

If the statutory instrument is not annulled, there will be more court challenges as sure as night follows day. If left unamended, it will damage coastal communities across the island, including those in my county of Wexford, from Rosslare to Kilmore to Duncannon. I appeal to the Government to do the right thing and treat the fishermen in a fair and equitable manner. I ask that all Deputies support this motion on annulling SI 318 in the name of fair procedures and justice for all.

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