Johnny Mythen (Wexford, Sinn Fein) | Oireachtas source

I wish to speak on amendment No. 4. This amendment is at the very core of the problematic flaws that exist within this Bill. The issue here is the balance of probabilities set against beyond a reasonable doubt. The thrust of any Bill should be based on a just and fair outcome. One of the problems with this Bill is on page 12, line 17 and we are proposing to delete "on the balance of probabilities" and substitute it with "beyond a reasonable doubt". The balance of probabilities does not have a precise meaning or a set, definitive standard whereas beyond reasonable doubt is a clear and concise instruction that places a far greater burden on the decision makers to thoroughly examine, and be far more accurate in, their assertions. This is a far higher standard than more probable than not. Aside from this, it reduces bias and adverse stereotyping which is often at play when it comes to our fishers.

I appeal to the Minister to carefully consider the amendment and accept the universal concept that beyond reasonable doubt far outweighs the balance of probabilities. Should the amendment be accepted, it will deliver a fairer and more equitable result to our fishers who deserve the utmost respect. I commend all of the fishers, especially those in County Wexford, on their magnanimous stand last week to protect the environment by shifting the Russian fleet outside our economic zone. They deserve justice and a fair hearing which is not contained in this Bill.

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