Lynn Boylan (Sinn Fein) | Oireachtas source

I move amendment No. 2:

In page 12, line 41, to delete “an Irish” and substitute “a European”.

My points will address all the amendments in this grouping. It seeks to delete "an Irish" and substitute it with "a European". This amendment comes from the same place of concern for the sector that it is being unfairly treated at a time when the Irish fishing industry is under huge pressure. This legislation has significant issues as it is but it flies in the face of fishermen and fisherwomen who are out fishing beside the other European boats with larger quotas, less scrutiny on landings and a perception they have an easier time of it from their authorities. If penalty points are to be applied fairly, then surely they should apply to all European citizens and not just Irish citizens as this legislation sets out.

We have been told by the Attorney General that we cannot discriminate against European citizens in legislation. One example is the development of the renewal energy supports scheme where there was a proposal for part of a corporate-led development to offer a portion of a renewable energy project for investment to local residents, then to people in the county, and then State-side. People would be able to buy a small share in their local windmill. That was dropped on the pretence it would discriminate against EU citizens' right to invest, yet here in this Bill we see a distinction between legislating for Irish citizens and for EU citizens. Therefore we are seeking clarification. Does it not discriminate to focus on Irish citizens and single them out in a European framework? Does it leave the Minister open to a protracted court battle? Could the French and Dutch fishermen and fisherwomen in Irish waters be subject to the same penalties? That is the rationale behind the replacing of the word "Irish" with the word "European" throughout the Bill.