David Stanton (Cork East, Fine Gael)
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Question 49: To ask the Minister for Defence the number of fishing vessels boarded and detained by the Irish Naval Service each month in 2010 and to date in 2011; and if he will make a statement on the matter. [17262/11]

David Stanton (Cork East, Fine Gael)
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Question 56: To ask the Minister for Defence if he will provide a breakdown per country of origin of the number of fishing vessels boarded and detained by the Irish Naval Service each month in 2010 and to date in 2011; and if he will make a statement on the matter. [17263/11]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 49 and 56 together.

The Naval Service assists the Sea Fisheries Protection Authority, SFPA, in promoting compliance with and deterring contraventions of the Common Fisheries Policy. The SFPA liaises regularly with the Naval Service and, inter alia, the Fisheries Monitoring Centre, FMC, and the Air Corps.

To achieve strict compliance with quota and other conservation legislation under the Common Fisheries Policy, Naval Service targeted boardings and inspections are agreed between the SFPA and the Naval Service. Boardings are targeted based on the risk analysis carried out by the FMC. The criteria examined for the risk analysis would include the fishing vessel's date of last offence, the date of last gear inspection, the number of days fishing in Irish waters, the species targeted and the method of fishing.

In 2010, the Naval Service carried out 1,684 boardings at sea of vessels of various nationalities, with eight fishing vessels detained. Statistics up to the end of May for this year show the Naval Service has carried out 560 boardings and has detained three vessels. Further details relating to the vessels boarded and their country of origin are contained in tabular statements which I propose to circulate with this reply.

FISHING VESSELS BOARDED BY IRISH NAVAL SERVICE – 01 January 2010 to 31 December 2010

FISHING VESSELS DETAINED BY IRISH NAVAL SERVICE – 01 January 2010 to 31 December 2010

FISHING VESSELS BOARDED BY IRISH NAVAL SERVICE – 01 January 2011 to 31 May 2011

FISHING VESSELS DETAINED BY IRISH NAVAL SERVICE – 01 January 2011 to 31 May 2011

David Stanton (Cork East, Fine Gael)
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I thank the Minister for his response. I acknowledge with gratitude the work of the Naval Service in protecting our fish stocks in difficult conditions on the high seas.

Can the Minister comment on the electronic logbook, which I understand is a contentious issue at present? Has the Naval Service access to records recorded through the electronic logbook and held in the country of origin of the vessel being inspected or detained? Has the Minister information pertaining to difficulties arising from vessels having neither the electronic logbook nor paper logbooks? How can that difficulty be surmounted?

Alan Shatter (Dublin South, Fine Gael)
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As the Deputy knows, EU Regulation 2807 of 1983 required all EU vessels to retain a paper logbook on board. This was required to be completed every 24 hours. A new control regulation, EU Regulation 1224 of 2009, which was introduced on 7 May 2011, legislates for the introduction of electronic reporting and recording systems. Article 15 of this regulation states that all masters of community fishing vessels of 12 m length overall or more shall record information by electronic means and shall send it by electronic means to the competent authority of the flag member state at least once a day. This requirement negates the obligation to complete a paper logbook.

The electronic recording system, ERS, project is running well behind schedule in almost all member states. An additional complication is that all member states are at varying levels of development of the system. For the system to work, all states need to go live at the same time and be at the same level of development. Ireland has completed fitting electronic logbooks on all vessels over 24 m, this being the first of three categories required. Other works have been completed on the recording systems in the Fisheries Monitoring Centre, FMC, and on inspection devices.

David Stanton (Cork East, Fine Gael)
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Is the Minister aware of instances where the electronic logbook was not available to the Naval Service or fishery protection officers in this country and neither was a paper log available? Has he brought this to the attention of his colleagues in the Cabinet or of the Commission, which I understand is responsible for ensuring this does not happen?

Alan Shatter (Dublin South, Fine Gael)
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I presume the Deputy is talking about an incident that occurred on 10 June last, when the Naval Service vessel, LE Niamh, boarded and detained two Spanish registered fishing vessels for alleged breaches of fishing regulations approximately 30 miles south of Castletownbere.

Some Spanish vessels have been fitted with electronic logbooks. However, following this recent incident, the FMC has, on three occasions, requested the Spanish authorities to provide a list of the Spanish vessels that are operating the logbook system in advance of full implementation of the ERS. While this list has not yet been provided, the Spanish authorities have provided the FMC with a copy of the catches which were electronically sent to them by the two detained Spanish vessels. With regard to the incident of 10 June, it is now a matter for the Director of Public Prosecutions to decide whether charges should be pressed.

Dara Calleary (Mayo, Fianna Fail)
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The Minister has touched slightly on the subject of my question. I notice the nationality of ships boarded is not included as a targeting measure. Are we precluded from doing this and is it something that should be looked at? Is there a predominance of nationalities among ships boarded and where offences are found, and are those figures available?

Alan Shatter (Dublin South, Fine Gael)
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The list will be attached to my reply to Deputy Stanton's question. The list of fishing vessels boarded covers a range of countries. A substantial number of Irish vessels have been checked over the years. Of the non-Irish fishing vessels boarded by the Naval Service in 2010, some 439 were Spanish. While the Naval Service cannot target a country, it can have regard to the records of particular ships and boats and can make considered decisions, based on their location and conduct, as to whether a boarding is appropriate.

Noel Harrington (Cork South West, Fine Gael)
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I compliment the Naval Service on the very professional work it carries out. The Minister referred to liaison between the FMC, the Naval Service and the Sea-Fisheries Protection Authority, SFPA. Who takes the lead in those consultations and who makes the decisions? Who makes operational decisions on individual operations?

Alan Shatter (Dublin South, Fine Gael)
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The Naval Service assists the SFPA in promoting compliance and the SFPA liaises regularly with the Naval Service and the FMC. There is continual interaction between the services, which can result in the Naval Service making a decision that it is appropriate to intervene with a particular vessel.

Thomas Pringle (Donegal South West, Independent)
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With regard to the incident referred to, does the Minister think it acceptable that there should be difficulty in exchanging information with the Spanish authorities? In trying to manage and police the fishing resources off our cost, is it acceptable that we should have difficulty in receiving information from the authorities of another member state?

Alan Shatter (Dublin South, Fine Gael)
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I would hope that there would be co-operation between EU member states and that information sought would be provided without difficulty. The information on both these vessels was, ultimately, provided and no issue now arises. However, a substantial number of boardings of Spanish vessels has occurred. In 2010, there were 204 boardings of French vessels and 151 boardings of UK vessels.

The fact that a vessel is boarded does not necessarily mean that illegality is detected when it is boarded. This is all part of a process to protect our fisheries and to ensure that people are complying with the law. There have been a disproportionate number of boardings of Spanish ships. I would hope that difficulties that arise in this area would be resolved. If the new electronic recording is not available, I would hope that paper records would be available. It is not satisfactory that neither be immediately available to the Naval Service when sought.

David Stanton (Cork East, Fine Gael)
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In the incident outlined by the Minister, is it the case that neither set of records was available on the night in question, that the ships were allowed sail and that the Irish authorities were unable to inspect either a paper or electronic logbook? Is it intended that the electronic logbook will be available online for inspection by the Irish authorities? When will that happen? In the interim, can the Minister ensure that the paper logbook is provided if the other information is not?

Alan Shatter (Dublin South, Fine Gael)
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Clearly, the paper logbook should be provided if the other information is not. It is not satisfactory that neither form of information is readily available. There is, clearly, a timeframe for implementing the EU arrangements for the electronic recording of information. In that regard, there are areas we ourselves must deal with. We have to be temperate in our language about these things.

It is important that the information that lawfully should be available is available when it is sought and that it should not be a matter of difficulty.