Results 9,841-9,860 of 23,950 for speaker:Charlie McConalogue

Written Answers — Department of Agriculture, Food and the Marine: Forestry Sector (2 Nov 2021)

Charlie McConalogue: I propose to take Questions Nos. 1256 and 1257 together. I refer the Deputy to his Parliamentary Question number 366 of 21st October, in which he queried the number of hectares to be planted in 2022. I noted that the Afforestation Grant and Premium Scheme was voluntary and that it was not possible to determine the area that will be planted. In addition to this, I advised the Deputy that...

Written Answers — Department of Agriculture, Food and the Marine: Agriculture Schemes (2 Nov 2021)

Charlie McConalogue: EU Regulations governing the administration of Basic Payment/Areas of Natural Constraint Schemes require that full and comprehensive administrative checks, including in some cases remote sensing (e.g. satellite inspections), are completed before any payments issue. The 2021 application of the person named was selected for a remote sensing eligibility inspection. In 2020, The EU Commission...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: The overall purpose of section 2 is to update and insert certain definitions provided for under section 2 of the principal Act of 2006. Section 2(a) updates the definition of "Department" to the present title of "Department of Agriculture, Food and the Marine" from the title applicable when the principal Act was enacted in 2006, which was the Department of Communications, Marine and Natural...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: Section 3 of the Bill provides drafting amendments to correct minor typographical errors in sections 12(9) and 12(10) of the Sea-Fisheries and Maritime Jurisdiction Act 2006. The amendment provided for under section 3 (a) inserts a new subsection into section 12(9) of the 2006 Act to clarify that a notification of the publication of a fisheries management notice being made by publishing a...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: I move amendment No. 1: In page 4, to delete lines 14 and 15 and substitute the following: “(i) by the substitution of the following paragraph for paragraph (a): “(a) upon— (i) the application from any person, in such form as the Minister decides, or (ii) the Minister’s own initiative, in respect of any person, who— (I) is the owner of an Irish...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: The objective of this section is to make two amendments to section 15 of the Act of 2006, which provides for national regulatory measures to supplement the Common Fisheries Policy. Section 15 of that Act provides that the Minister may supplement the Common Fisheries Policy and, by regulations, prescribe national measures for the protecting and conserving of fish stock. Section 5(a) amends...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: I move amendment No. 2: In page 6, to delete lines 19 to 21 and substitute the following: “ ‘points’ means points assigned to a master of a sea-fishing boat for a serious infringement in accordance with Annex XXX to the Commission Regulation or section 15U, as the case may be;”. Section 6 makes provision for the required EU point system for masters of...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: If a fisherman does not receive additional points during the period concerned, the points lapse. However, if a fisherman receives additional points, the points do not lapse. There is an obligation on other member states, as there is on us as part of this Bill, to notify the competent authorities of the penalty points accrued within their waters and by anyone registered on their registers.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: That is right.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: Points continue to accrue unless there is a clean record.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: It is three years. In response to Deputy Martin Browne, it was well thrashed out on Second Stage and discussed. It is an administrative system as opposed to a criminal system. The standard threshold in administrative systems is balance of probabilities and that is reflected here in the legislation.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: I move amendment No. 3: In page 6, to delete lines 31 to 33 and substitute the following: " 'serious infringement' means an infringement of the rules of the common fisheries policy specified in Annex XXX to the Commission Regulation or Article 90(1)(c) of the Control Regulation.".

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: I move amendment No. 4: In page 8, line 6, to delete "sections" and substitute "section".

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: The amendments propose to increase the timeframes for masters to take certain steps under the Bill, such as making submissions to the determination panel requesting an oral hearing before both the panel and the appeals officer, and to provide extra information to the appeals officer too. The proposed amendments practically involve doubling the time period given for the master to input to key...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: I thank the Deputies for their amendments and statements. The issue of the standard of proof to be used at a determination panel and by the appeals officer being on the balance of probabilities has been raised by the industry in the context of the licence holders points system, and is provided for under SI 318/2020. This issue was also raised at the pre-legislative scrutiny stage and on...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: I move amendment No. 8: In page 12, to delete lines 35 to 37 and substitute the following: “(ii) of the proposal to assign the appropriate points in accordance with Annex XXX to the Commission Regulation or section 15U, as the case may be, to the master for the serious infringement,”.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: Concerns were raised about section 15J(1) in the context of the equivalent provision in the licence holders points system in pre-legislative scrutiny of the general scheme of the Bill and on Second Stage in the Dáil. The issue of points being removed where the master is found not guilty in criminal proceedings in respect of the infringement has been raised. This proposal would involve...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: The amendment provides that a fee for an appeal to the appeals office should not exceed €25. It is important not to be overprescriptive and specify an exact amount in this regard in the Bill. I believe any fee that the Minister may determine after enactment of the Bill would be reasonable. It would not be imposed for revenue-raising purposes and would take into account all relevant...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: I do not propose to accept the amendment but I will reflect on the matter before Report Stage.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (27 Oct 2021)

Charlie McConalogue: On a particular incident, that is something that operates entirely separate to me, as Minister. It is overseen entirely by the enforcement authorities, which I have no role in or which does not get reported directly to me either. Any actions that would be taken would be dealt with in terms of engaging with the justice authorities within the State, which obviously operate entirely separate...