Thomas Pringle (Donegal, Independent)
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I thank the Ceann Comhairle for selecting this Adjournment debate in the House. As it is my first engagement with the Minister officially here in the House, I congratulate him on his appointment and wish him well in his work within the Department.

It is timely that this Adjournment debate has been taken today given the announcement earlier today by the Minister that there have been moves on SI 125 of 2016 relating to court cases. The Minister outlined that the statutory instrument will be amended to facilitate the sequential application of EU points in conjunction with the prosecution process.

It is a very welcome intervention by the Department and a confirmation that the system was not fit for purpose initially. It will go a long way towards satisfying many of the requirements of fishermen and fishing communities to ensure the points system works properly.

The points system was introduced in 2014 as a statutory instrument, which was struck down in the courts here in January or February. At that time, the Oireachtas Joint Committee on Agriculture, Food and the Marine debated the statutory instrument and identified many of the problems recognised by the courts. The points system could have been made much more robust to meet the requirements. Although nobody likes points to be implemented, fishing communities recognise the need for a points system and that it will be in operation. The key is to ensure it operates fairly for everybody involved, it is clear and concise and everybody knows what is involved and how it will work in the future. It has potentially very serious implications for the livelihoods of fishermen and the viability of fishing businesses if points can be attached in a way that is not totally clear and understandable to everybody involved. The principle that, if a prosecution takes place and the courts decide no offence happened, the points are not assigned is a very welcome and positive contribution.

There remain some problems with the statutory instrument and how it has been established. Based on consultations I have had on the court case and the workings of the new statutory instrument, it could still be potentially problematic. A fishing licence might have points applied without being followed by a prosecution. In this case, the points might stand and the statutory instrument might lead to complications in that, if there is no court case, there is no chance of the points being rescinded in the event that there is no conviction. If this happens, there could be recourse to the courts.

In the judgment in one of the cases in February, the judge pointed out that the statutory instrument and system, as it stood then, "do not require the Minister to ignore established systems for independent adjudication and recourse to the courts in such matters". There is concern that the 2016 statutory instrument does not include the full recourse to the courts. If it is the case that points will never be assigned where there is no prosecution, maybe it will not arise. Maybe the Minister of State could clarify this and we could put the situation to bed if there is no possibility it could happen.

It is very important the Department is recognising this and I commend the Minister of State on recognising the problems in the system and finding a solution that can work in everybody's favour. There was a very strong feeling among fishing communities that they were being treated differently from everybody else. This has been a common theme through all the fishing legislation, such as the 2006 Act, which criminalised people, whereas across the rest of Europe, the offences were administrative. The feeling must be repaired and this could be a positive step along the road.

Michael Creed (Cork North West, Fine Gael)
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I thank the Deputy for his good wishes. He has always had a keen interest in fisheries matters. In previous debates on the matter, Deputies from Malin Head to Mizen Head and from Hook Head to Clogher Head were exercised by the matter. The Deputy's constituency colleague and my party colleague, the Minister of State, Deputy Joe McHugh, also contacted me about the matter. As I said to the various principal officers I met today, I come to this portfolio with not a mile of coast in my constituency. Maybe in some regards this is an advantage in that I come with no baggage. I welcome good counsel on these matters and Deputy Pringle will not be shy in marking my card and giving me a whisper in the ear if I need assistance on these matters.

I thank the Deputy for raising the issue, which gives me an opportunity to update the Dáil on certain matters pertaining to the European Union (Common Fisheries Policy) (Point System) Regulations 2016, SI 125 of 2016. Member States are required, under the 2009 EU Fisheries “Control” Regulation, to assign the appropriate number of points to the licence holder of the vessel concerned every time a serious infringement of the Common Fisheries Policy is committed. Ireland had previously implemented the required EU points system by means of SI 3 of 2014, which was the subject of two recent High Court challenges and was struck down in one of them. The two High Court judgments are subject to appeal.

Given that Ireland is required to have in place a legal instrument implementing the EU points system, a new amended instrument, Sl 125 of 2016, was drafted and signed on 1 March 2016. It took on board, to the extent possible, issues of concern regarding procedures and process which had been highlighted in the High Court cases. Much of the scrutiny regarding SI 125 of 2016 since it came into force stems from the fact that points apply separate to any criminal prosecution or conviction or where a prosecution results in an acquittal. It has been suggested that the EU points system should, instead, be combined with a successful prosecution through the courts. In recent weeks, there have been a number of meetings between me, my predecessor and the fishing industry with regard to the concerns raised. I met with representatives of the fishing industry this morning to discuss a wide range of issues and, in particular, their concerns on the implementation of the EU points system.

On taking office, I requested that the Attorney General consider whether there is a way that the assignment of EU points for the licence holder can await the completion of the prosecution process while at the same time ensuring Ireland is fully in compliance with its obligations under EU law. Further to the programme for Government commitment pertaining to the assignment of points, I quickly sought that advice from the Attorney General as prescribed in the document. Having received this advice, I am satisfied to move on the introduction of a system for the sequential application for EU points in conjunction with the prosecution process, thus fulfilling the ambition outlined in the partnership programme and going to the heart of Deputy Pringle's concerns which he articulated here.

This move is subject to addressing some important legal and administrative issues in order to ensure compliance with EU law. I have listened to the concerns of industry and intend to report back to the Oireachtas as soon as I have finalised a way forward in the context of dealing with the legal and administrative matters that arise. However, I am confident that these matters can be dealt with in a collaborative and constructive manner with all stakeholders. Irish fishermen should be assured that the State is taking seriously their concerns that a fishing industry can be maintained for them and those coming after them. The conservation of fishing resources is in everyone's interest and is vital for the future of the Irish fishing industry. I am confident that the reformed points system that I have announced will play a vital role in acting as an effective sanction against the minority who break the rules, protecting the vast majority of our law abiding industry and preserving the fishing resources for all fishermen and for future generations.