Pat Gallagher (Donegal, Fianna Fail)
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The next question is in the name of Deputy Pringle. I send to him the good wishes of the House for a speedy recovery.

Catherine Connolly (Galway West, Independent)
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Tá cead agam a cheist a ardú.

Pat Gallagher (Donegal, Fianna Fail)
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An tugadh cead duit?

Catherine Connolly (Galway West, Independent)
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Sea, tugadh. Rinne oifig an Theachta Pringle teagmháil leis an Cheann Comhairle.

Pat Gallagher (Donegal, Fianna Fail)
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Glacaim leat. Glacaimse le d'fhocail.

Thomas Pringle (Donegal, Independent)
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42. To ask the Minister for Agriculture, Food and the Marine when he plans to sign a new statutory instrument that will bring into force a penalty points system for fishing offences and that will establish a points determination panel; if recourse to the courts will apply for fishermen and women with fishing penalty points; and if he will make a statement on the matter. [47187/17]

Catherine Connolly (Galway West, Independent)
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Gabhaim buíochas leis an Leas-Cheann Comhairle. My question is on when the Minister will sign the statutory instrument that will bring into force a penalty points system for fishing offences given the background that pertains here, namely, our obligations under EU regulations, the fact that the statutory instrument introduced in 2014 was found to be not fit for purpose, the implications of pilot proceedings against the State by the European Commission, that funding under the European Maritime Fisheries Fund has been suspended and so on? Will the Minister please clarify the position?

Michael Creed (Cork North West, Fine Gael)
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I would like to be associated with the Leas-Cheann Comhairle's good wishes to Deputy Pringle. I thank Deputy Connolly for taking this question. It is an important one at this time.

The European Union (Common Fisheries Policy) (Point System) Regulations 2016, SI 125 of 2016, establish a points system which will apply to the licenceholder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected. It is intended that the new statutory instrument, which I intend to sign shortly, will amend SI 125 of 2016 to change the make-up of the determination panel set up under the 2016 statutory instrument to determine whether, on the balance of probabilities, a serious infringement occurred and whether it is a serious infringement. This will involve the appointment of three independent legal professionals nominated by the Attorney General, thereby completely separating the enforcement and determination functions. The new statutory instrument will, to the extent that it is possible, take on board the issues of concern regarding procedures and processes highlighted in the High Court judgments on this matter. It will also amend SI 125 of 2016 to address certain minor technical and drafting issues arising.

In June 2016, I advised the Oireachtas that, subject to addressing some important legal and administrative issues, I was hopeful about moving towards a system of sequential application of EU points in conjunction with the prosecution process, having consulted the Attorney General's office. I made it clear that this move was subject to addressing some important legal and administrative issues to ensure compliance with EU law.

There has been extensive examination and consideration of all the issues in regard to meeting our EU obligations to implement the points system in the interim. The firm legal view available to me is that it is not possible to deliver on an effective and dissuasive points system, as required under EU law, by assigning points to licenceholders upon successful prosecution.

Accordingly, as is the case with SI 125 of 2016, it is intended that the new statutory instrument will provide that points assigned to a holder of an Irish licence will remain assigned regardless of any criminal proceedings pending, or the outcome of any such proceedings, in respect of the serious infringement concerned. Under the new statutory instrument, the licenceholder may appeal on a point of law a decision of the independent fisheries adjudicator to the High Court. In the 2014 statutory instrument, this appeal was "final and conclusive". This aspect of the provision has been removed.

Additional information not given on the floor of the House

It should be noted in this context that pilot infringement proceedings by the European Commission for non-implementation of the EU points system have been taken against Ireland. It remains an option for the Commission to proceed to formal infringement proceedings in respect of the licenceholder system.

There are also serious implications with regard to the release of funding under the European Maritime and Fisheries Fund, EMFF. Implementation of the EU points system was an ex antecondition for the approval of Ireland's EMFF programme, given that the programme is intended to facilitate the implementation of the Common Fisheries Policy in Ireland. The European Commission has signalled in writing that the delivery of funding under Ireland's EMFF operational programme is firmly linked to the implementation of the points system. This programme is investing €241 million of EU or Exchequer funding in total in the fisheries sector over the lifetime of the programme, which is crucial at a time of Brexit uncertainty. The immediate concern is with regard to the control and data collection funds. The European Commission wrote in July 2017 advising that due to the non-implementation of the points system, EMFF funding allocated for control spend will be suspended.

Having an effective, proportionate and dissuasive system of points for all fishing vessels, Irish and non-Irish, operating in our 200 mile zone is beneficial to maintaining the sustainability of fish stocks on which our seafood sector is dependent. This system will ensure that the vast majority of our law abiding fishermen are able to compete effectively and look forward to a sustainable future in the industry.

Catherine Connolly (Galway West, Independent)
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The word "shortly" is not satisfactory. This is a complete debacle, leaving aside the fact that there are criminal proceedings over the penalty system. It is unacceptable and exceptional in the European context that we have two types of punishment system. We are obliged under EU law to bring in a fair penalty system, but this has been going on since 2012, in which year we were put under an obligation. In 2014, the statutory instrument was struck down by the courts and the one introduced in 2016 was never operational because it was not fit for purpose either. Here we are in 2017 and the Minister is telling us he will shortly introduce a statutory instrument. I would like to know when. What consultation has there been with fishermen? What changes have been made? Are the fishermen the Minister has consulted happier with the new system?

Michael Creed (Cork North West, Fine Gael)
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In fact, the timeline is slightly worse than the Deputy outlined. The original obligation to move in this direction under EU regulations dates back as far as 2009. Therefore, the period is considerable. There are many reasons for that. I intend to proceed very shortly with the new statutory instrument. I am awaiting the final drafting procedures, and while I imagine we will be moving in the required direction this side of Christmas, I hope it will be before the end of this month at the very latest.

The Deputy is correct in her analysis. There are pilot infringement proceedings against the State on this matter. More important, with regard to EMFF funding, which is available for fishermen, onshore processing and other elements of the fishing industry, it has always been made clear to us that its availability is conditional on the implementation of the regulation. It has been communicated to us in no uncertain terms that the funding is now in the crosshairs of the Commission in the context of our failure to move.

I have examined this matter extensively. I commented on it previously in the Oireachtas in the context of the 2016 statutory instrument, which it is intended the new statutory instrument will replace. What we have attempted to do is to take on board, as far as is practical, many of the concerns expressed by the industry. I met industry representatives recently to discuss this matter. I met all the producer organisations. It is fair to say that they are not entirely happy but we must bear in mind the legal proceedings, the findings of the European Court of Auditors and the conditions attached to our EMFF funding. It is often forgotten that this is not just an instrument that will be used in respect of our domestic fishing industry. The fishing industry generally often makes the point that other EU member states also fish in our waters, and this will be an instrument to ensure compliance on their part also.

Catherine Connolly (Galway West, Independent)
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Will the Minister clarify what funding has been suspended under the EMFF? When was it suspended? Will we get it back?

I understand that the concerns, apart from the delay in implementation, pertain to the independence of the system being set up. It was already shot down by the courts, in January 2016. The Government has gone some way towards improving the process, with an independent review board and so on, but the difficulty is that it is the Attorney General who will be nominating those who sit on the review panel. It is the very same Attorney General who has a role in the prosecution. Perhaps the Minister would clarify the position and the concerns that arose when he consulted the relevant stakeholders. When did the consultation take place?

Michael Creed (Cork North West, Fine Gael)
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I meet the producer organisations regularly. I met them most recently about a fortnight ago to discuss this matter.

EMFF funding amounts to approximately €241 million. It has been made clear to us that this funding, although not suspended at this stage, is conditional. The control and data collection side are in the crosshairs of the Commission in the first instance. I am concerned that failure to act could put the entire fund at risk. I do not intend to run that risk.

What was the Deputy's other question?

Catherine Connolly (Galway West, Independent)
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It was on the independence of the panel being set up.

Michael Creed (Cork North West, Fine Gael)
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My intention is to have the Attorney General provide me with a list of suitably qualified people to be appointed to the panel by me subsequently.