Dáil debates

Wednesday, 2 February 2022

Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Report and Final Stages

 

9:07 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal, Sinn Fein) | Oireachtas source

The Minister, Deputy McConalogue, invited me to read into the record some parts of a speech that he delivered, so I will read it into the record now. In the annulment motion tabled by his colleague, former Deputy Pat The Cope Gallagher, he stated:

We need to take on board the needs of the fishing sector. We need to avoid the possibility of it being struck down in the courts again. The Department's track record in introducing a penalty-points regime has been poor. Given that on two occasions attempted statutory instruments were struck down following appeals to the Supreme Court reflects very poorly on the management of the issue heretofore.

The Minister dares to lecture me when those were his words at that time. I will continue. The Minister stated:

The key points that remain to be addressed relate to the burden of proof. The current approach in the statutory instrument deals with the balance of probability rather than having to prove beyond doubt, which is normally the case where a criminal sanction is being pursued. The role of the SFPA permeates the statutory instrument at all stages, which was the basis on which the Supreme Court struck down the previous statutory instruments.

The Minister was against everything that he is now defending. He was on the same side as us when he spoke the last time and he was heavily critical of the Department of Agriculture, Food and the Marine and the SFPA in his commentary, but the Minister tells me that I am personalising it.

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