Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I am thankful for the opportunity to introduce the Sea-Fisheries (Miscellaneous Provisions) Bill 2021 to the Upper House. By way of background, I advise Senators that EU Council Regulation No. 1224/2009, known as the control regulation, requires, inter alia, that member states implement a points system for serious infringements of the rules of the Common Fisheries Policy, CFP, committed by the master or skipper of a fishing vessel. The points system is intended to promote compliance with the rules of the CFP and seeks to deliver on the policy objective of ensuring proportionate, effective and dissuasive penalties for serious infringements and must contribute to a level playing field in fisheries control across all of EU member states. The points system was due to be in place on 1 January 2012, which is ten years ago, and the delay in implementing it is the subject of EU infringement proceedings against Ireland at present. A negative judgment from the European Court of Justice in any such proceedings could cost the State significantly in lump-sum and ongoing fines. Furthermore, serious financial implications arise from the non-implementation of the points system because as a condition of the EU contribution to Ireland’s European maritime and fisheries fund programme certain conditions must be fulfilled, including implementation of a points system for masters.

Turning to the main provisions of the Bill, in the context of the proposed masters points system the Bill replicates, insofar as is possible, the key provisions of the separate required EU points system for sea-fishing boat licence holders, the arrangements for which are set down in the governing EU regulations. The licence holders system has been implemented by means of an administrative system under secondary legislation, namely, the European Union (Common Fisheries Policy) (Point System) Regulations 2020, as amended. The scheme for masters proposed in the Bill insofar as far as possible follows the provisions of the existing licence-holder system, as I said, with regard to the list of serious infringements, the number of points assigned and the suspension thresholds provided for under the EU regulations. The period of suspension is determined by the number of points accumulated. The higher the number of points accumulated the longer the suspension. The accumulation of 18, 36, 54 and 72 points will trigger suspensions of two, four, eight and 12 months respectively. A master who has accumulated 90 points or more or received five suspensions shall effectively be permanently disqualified from taking control of an Irish sea-fishing boat or a foreign sea-fishing boat wherever it may be.

The masters points system proposed in the Bill also mirrors the provisions of SI 318 of 2020 as regards the licence-holders points system in other respects, including that the same independent determination panel and independent of appeals officer will determine on the balance of probabilities whether a serious infringement has occurred. Second, the procedures and timelines laid out in the Bill for the determination panel and the appeals officer to make their determinations are very similar to those provided for under that statutory instrument. Third, the master can request a oral hearing, both before the determination panel and also before the appeals officer. A decision of the appeals officer to assign points can also be appealed to the High Court on a point of law and last of all, points assigned to a foreign master will be notified to the relevant authorities of the relevant member state.

The Bill provides that the Minister of the day shall establish maintain a register of masters who are Irish citizens. A person cannot take charge of sea-fishing vessels unless he or she is registered and to do otherwise is an offence.

The Bill contains a section to facilitate the sharing of certain data between the Sea-Fisheries Protection Authority, SFPA, and the Revenue Commissioners. There are also various technical and miscellaneous amendments, most of which are primarily technical in nature and which correct typographic and reference areas in the errors in the Act. These amendments will improve the overall operation of the Act.

Senators should also be aware the general scheme the Bill was subject to thorough pre-legislative scrutiny by the Joint Committee on Agriculture, Food and the Marine in April and May of last year. The committee heard from key industry representatives. I appeared before it on two occasions as part of that process. I acknowledge and thank the members of the committee for their time and for a constructive discussion on the contents of the general scheme.

The Bill was initiated in Dáil Éireann and completed its passage through the Lower House last week. The following are certain key amendments made by the Dáil to the Bill. First, there was the inclusion of an option of using an electronic interface for serving of notifications or documents to masters. Second, provisions were inserted to ensure that points should be assigned to a master who commits serious infringements of the landing obligation or discards ban as required under EU law. In addition, the power of the Minister to set a fee for masters to pay when appealing to the independent appeals officer on a determination of the independent determination panel that a serious infringement had been committed has been removed.

I take this opportunity to again thank Deputies for a robust and constructive discussion on the contents of the Bill on all Stages. While we have had our differences in certain regards to aspects of the Bill and I have no doubt that those on all sides in the Dáil and in this House are committed to the timely introduction and implementation of an effective, proportionate and dissuasive masters points system.

I will now provide an overview of the detailed provisions in the Bill. Section 1 clarifies that the Act of 2006 means the Sea-Fisheries and Maritime Jurisdiction Act of that year. Section 2 amends section 2 of the Act of 2006 insofar as certain definitions provided for thereunder are concerned. Section 3 then amends section 12 of the Act of 2006 to provide clarity around the publication of a notification in Iris Oifigiúil as provided for thereunder. Sections 4 and 5 amend sections 13 and 15, respectively, of the Act of 2006 to provide for certain miscellaneous and technical amendments.

Section 6 inserts into Part 2 of the 2006 Act a new chapter 2A titled “Regulation of Irish Fishing masters” and provides for the establishment of a points system for masters of fishing vessels as required by EU law. The Minister shall establish and maintain a register of Irish citizens who are masters of sea-fishing boats, to be called the Irish fishing master register, and the points assigned to each such master. The control authorities, they being the SFPA and the Naval Service shall have access to and may examine the register for control purposes only. It shall be an offence for an Irish citizen to take charge or attempt to take charge of an Irish sea-fishing boat or a foreign sea-fishing boat unless he for she is registered.Also under section 6, the accumulation of points will result in the suspension of a master from the register, that is, he or she will be prohibited from taking control of an Irish sea-fishing boat or a foreign sea-fishing boat, wherever it may be. When points are assigned to a master on the register, the Minister shall notify him or her of certain matters. A master who has been suspended or removed from the register is required to immediately inform the sea-fishing boat licenceholder who engages or proposes to engage him or her as master of such suspension or removal.

Sections 7 and 8 amend sections 16 and 17 of the Act of 2006, respectively, to provide for certain miscellaneous and technical amendments. Section 9 provides for the transfer of certain data between the SFPA and the Revenue Commissioners, as I outlined earlier. Such data sharing already occurs in respect of other public bodies, for example, between Revenue and the Department of Social Protection. Section 10 amends section 28 of the Act of 2006 to provide clarity on certain drafting matters identified therein. Sections 11 and 12 amend sections 37 and 54 of the Act of 2006, respectively, to provide for certain miscellaneous and technical amendments.

Section 13 amends the Fisheries (Amendment) Act 2003 to, inter alia, rectify a lacuna to the effect that there is at present no legal impediment to a minor applying for a sea fishing boat licence. That will address that issue. Section 14 provides for certain amendments to Regulation 7 of the European Union (Common Fisheries Policy) (Point System) Regulations 2020. Section 15 provides standard provisions for the Title, citation and commencement of the Bill.

My firm view is that an efficient and effective masters points system is necessary to protect law-abiding masters, who make up the vast majority of those in the industry, and to preserve this precious and valuable resource for all Irish fishermen and for future generations. I am confident that the masters points system proposed in the Bill will play a vital role in delivering on the Common Fisheries Policy objective of ensuring proportionate, effective and dissuasive penalties for serious infringements and, importantly, in contributing to a level playing field in fisheries control across member states. The points system is necessary as an effective measure against the small number of masters, either foreign or Irish, who break the rules. It is necessary to protect law-abiding operators and preserve fish stocks.

I commend the Bill to the Seanad and look forward to a constructive discussion on Second Stage this afternoon.