Pippa Hackett (Green Party) | Oireachtas source

Yes I will take those amendments as grouped. The effects of these amendments taken together appears to be to expand the scope of the points system for masters provided for under the Bill currently, to encompass masters who are citizens of another member state, as distinct from Irish citizens.

The amendments would require, in effect, that the Minister would have to set up a register to cover all masters from all EU member states and that the Sea-Fisheries Protection Authority would have to assign points to masters who are citizens of other member states.

In this regard, it should be noted that the Bill provides in sum, that points assigned to a master who is a national of another member state shall be notified to the competent authority of that member state. The notification to the competent authority shall include the following particulars as per section 15I(4):

(a) the identity of the sea-fishing boat to which the infringement concerned relates;

(b) the name and address of, and any other identifying details available relating to, the master of the sea-fishing boat;

(c) the particulars of the serious infringement concerned;

(d) the number of points applicable to that infringement.

Senators should also note that under the Bill, the same determination procedure applies regardless of whether the master concerned is an Irish citizen or a national of another member state. In each case, the independent determination panel and the independent appeals officer, where relevant, determine whether a serious infringement has occurred for which points should apply. In each case, the master concerned may apply to the High Court on a point of law regarding a decision of the appeals officer. It is only when this determination procedure has concluded that differing procedural requirements apply regarding the assignment of points, depending on whether the master concerned is an Irish citizen or a national of another member state.

I should also point out that a similar approach to that I have just outlined is taken in the context of the separate points system for licence holders, as provided for here under the European Union Common Fisheries Policy points systems regulations. That licence holder system has been operational in Ireland since January 2021. Senators will recall from the debate on Second Stage that more generally the scheme for masters' points now proposed in the Bill follows, insofar as possible, the provisions of the existing separate licence holder system, with regard to, inter alia, the list of serious infringements, the number of points assigned, and the suspension thresholds as provided for under the EU regulations, and in certain other respects too.

In my view, the relevant procedures in the Bill as I have just summarised, are the most appropriate means of ensuring the effectiveness of the masters' points system. Were these amendments acceded to I believe the result would be seen as contrary to the intent of the EU objective. Masters who are nationals of other member states could have points assigned to them by the Irish authorities, but then shortly thereafter could potentially have points assigned to them by the competent authorities of other member states. A master could conceivably accumulate points in multiple member states, each operating separately, without ever reaching the relevant threshold for suspension or disqualification. The EU points system for masters could not function in an effective, proportionate and dissuasive manner if multiple member states assigned points to respective masters who are nationals of other member states. This is the clear implication of these amendments, and such an outcome would, in my view, undermine the effectiveness of the system, both at national and EU levels.The Bill follows the approach set down in the EU control regulation in respect of licenceholders by providing for each member state to assign points in respect of its licenceholders and for masters who are its citizens. In this regard, the Bill requires the Minister of the day to establish and maintain a register of masters who are Irish citizens and provide for the necessary notification requirements to competent authorities of other member states, as I have already set out, where required. For all of the above reasons, I cannot accede to these amendments.