Martin Heydon (Kildare South, Fine Gael) | Oireachtas source

I am sharing time with Deputy Christopher O'Sullivan. I thank Deputy Mac Lochlainn and his party colleagues for affording me the opportunity to discuss this important motion. The EU's fisheries control regulation of 2009 established a community control system for ensuring compliance with the rules of the Common Fisheries Policy, CFP. One of the important measures introduced by the control regulation is a points system for serious infringement of the rules of the CFP, which is applicable to the licenceholders of fishing vessels and, separately, to the masters of those vessels. This part of the control framework was introduced to address concerns about the lack of a level playing field across the EU in fisheries control and the treatment of vessels from different member states. The rules are designed to ensure that fishing in EU waters is sustainable and that the long-term interests of fishers in coastal communities are protected by protecting this precious resource. The points system is intended to complement the normal sanctioning system in member states for serious infringements and promote a level playing field on control within the EU. These systems were due to be implemented in 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 both Irish and foreign fishing vessel licenceholders who are held responsible for serious infringements committed within the zone. The idea of a points system is that it should be graduated and proportionate, with only repeated serious infringements resulting in the most serious penalties. Such penalties are, of course, completely avoidable through compliance with rules that are well established.

The new regulations have been a requirement of EU law since 2012. All other coastal member states have implemented the points system and Ireland is in breach of its EU legal obligations as a result of its failure to implement them up to now. As a result, the European Commission, under infringement proceedings, issued a reasoned opinion to Ireland in July 2020 and gave us three months to respond. The implementation of the regulations was already overdue but its urgency has been amplified by the issuing of the reasoned opinion. In addition, the Commission has formally suspended payment to Ireland of EU co-funding payments under the European Maritime and 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 to the taxpayers of this country. EU funds for control and enforcement available to Ireland under the EMFF amount to €37.2 million over the course of the programme. As of September 2020, €13.5 million in payments due had been withheld. A further recoupment claim due to be submitted later in 2020 will result in the amounts withheld rising to €24.5 million. As I indicated, a total of €37.2 million in funding is at risk for the full period of the programme.

SI 318 of 2020 presents an opportunity for us to fulfil our obligations under EU law while providing a fair and balanced points system that will ensure the stability of our fishing industry. The statutory instrument takes on board in full the findings of the related 2017 Supreme Court judgment that the procedures followed are fair and in accordance with best practices. It separates the detection and determination functions by putting in place an independent determination panel as well as an independent appeals officer, all of whom are legal professionals nominated by the Attorney General. Both the determination panel and the appeals officer must grant the licenceholder an oral hearing if he or she so wishes.

Under the new statutory instrument, the accumulation of points for persistent serious infringements of the rules of the CFP will lead to the suspension of a sea-fishing boat licence for a period from two months to one year. In extreme cases, persistent serious infringements could lead to the permanent withdrawal of the licence. It is important to note that the EU control regulation provides that if the licenceholder does not commit another serious infringement within three years from the date of the last such infringement, all points on the licence shall be deleted. The statutory instrument includes several but not all of the amendments sought as a result of consultations with the industry. The new arrangements are the minimum required to meet the tests of proportionality, effectiveness and dissuasiveness required under EU law. The adoption of the new instrument is also in line with the related commitment in the programme for Government.

Everybody in this House wants to see a strong and vibrant fishing industry that supports employment in fishing fleet, fish processing and ancillary activities in our coastal communities. SI 318 of 2020 is necessary to protect law-abiding operators, who make up the vast majority of those in the industry, and to preserve this precious and valuable resource for all Irish fishermen and for future generations. I am confident that the new enhanced points system provided for under the instrument will play a vital role in delivering on the CFP objective of ensuring proportionate, effective and dissuasive penalties for serious infringements and contributing to a level playing field in fisheries control across member states. The points system is necessary as an effective measure against the small number of operators, either foreign or Irish, who break the rules. It is necessary to protect law-abiding operators and preserve fish stocks. I urge the House to protect the future of our fishing industry by supporting the Government in this matter.

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