Holly Cairns (Cork South West, Social Democrats) | Oireachtas source

Before discussing the specifics of the Bill, it is important to note the background to the fisheries penalty points system. Just over a year ago, the Taoiseach, then acting Minister for the marine, signed a new system into law without consulting the sector. This was the fourth attempt to bring in such a system after High Court rulings in favour of the fishing sector and the Dáil voting down its introduction in 2018. This entire issue was mired in controversy before it even began. The lack of engagement with those affected is not only disrespectful but creates hostility to a system that is supposed to be about ensuring better practice straight away. The disregard for fishers and coastal communities further deteriorates the relationship between the Department and the sector.

Last year, many of us in the Opposition pointed out the inherent flaws in the Government’s penalty points system. It lacks due process. Points can be issued on a balance of probabilities, which is a worrying threshold that has no place in any State regulatory process. The right of appeal to the High Court is very limited and, in the case of a successful appeal, the penalty points would still remain on a licence. This system seems intentionally hostile by design.

Our coastal and island communities deserve better. The fishing sector should be central to creating a viable and fair process. The only way successful and progressive policies can be developed is in genuine partnership with the communities and businesses affected.

This is all incredibly frustrating because a large part of the opposition to this new system is entirely of the Government’s making. A means of regulating the sector and reprimanding bad practices could have been welcomed as a means for rewarding the good work of most of the sector but instead we have this mess.

In relation to the Bill, there are a number of points I wish to raise. First, the Minister emphasised yesterday that Ireland is required to implement a points system urgently as we are subject to EU infringement proceedings and the related financial penalties. This type of rationale is deployed by the Government too regularly to justify bad policy. We are presented with a flawed system and told we have to pass it as soon as possible. This type of approach cannot be used to vindicate unacceptable legislation.

We were due to have a system in place by 1 January 2012. Successive Governments and the Department of Agriculture, Food and the Marine have failed to do this, not fishing communities and this House. There was no mention of these failures over many years by the Minister yesterday, which leaves me with little confidence that any lessons have been learned.

Second, a key problem with this system, reflected in numerous submissions from the sector and in the joint committee’s report, is that the threshold of proof required is based on a balance of probabilities rather than the usual standard of culpability, beyond reasonable doubt. This goes against normative principles of justice and creates a structure with too much scope for arbitrary and inconsistent rulings. Not only is this morally questionable, but it undermines the system. This key issue will have to be addressed.

Third, a master or skipper can only appeal to the High Court on a matter of law, not on the substance of the case. This is an extraordinary limitation on an individual's access to justice. Related to this is a situation whereby if a master is found innocent of the alleged breaches in court, the penalty points applied under this legislation would not be deleted. How can the Government justify that position? It is unbelievable. What is the rationale for this nonsensical measure?

Fourth, the sector has expressed concern over the potential for inconsistencies between the application of penalty points to EU and non-EU vessels. As matters stand, points assigned to a master who is not an Irish citizen will be notified to the authorities of the relevant member state. However, ambiguity exists concerning infringements by fishing masters of non-EU states, including the UK. This lack of clarity means that different masters, according to their nationality, could have different regulatory burdens. Again, this type of variability undercuts any faith in the system.

Fifth, the absence of any reference to weighing fishery products in the Bill is worrying. This is a major issue raised by sector representatives who are seeking the reinstatement of in-factory weighing. There are difficulties around the practicalities of the current system and its effectiveness. The Joint Committee on Agriculture, Food and the Marine highlighted this in its report but the Bill does not address it. This omission can be seen as an indication of a Government and Department out of touch with the realities on the ground.

Finally, under the EU regulation, the Minister has considerable scope in implementing a penalty points process. I am seeking that the Minister use this scope to produce a system that is based on natural justice and due process, and takes on board the many suggestions made by the sector. We are all in agreement that there needs to be a system in place to ensure compliance with fishing regulations. We should promote best practices through a fair and transparent enforcement approach. The Government’s Bill is far from that.

On the subject of inadequate consultation by the Department, it is important to note that the new law on pair-trawling in the 6-mile nautical zone was overturned simply because there was not adequate consultation by the Department. I urge the Minister to reinstate that law with the adequate consultation as soon as possible.

Government Deputies have told the House today that the inshore sector has been neglected. I could not agree more. We heard a lot about the unfair deal Ireland got in relation to the quota and I fully agree. However, not enough attention was given to the fact that the Minister is in charge of distributing the national quota and 2% of that went to the inshore fisheries sector. The sector accounts for the vast majority of people and vessels working in fisheries and is the kind of sustainable fishing that we should all be getting behind. Instead, 98% of our national quota has gone to roughly 50 boats, which provide far less employment and engage in much less sustainable practices. That issue needs to be addressed.

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