John Perry (Sligo-Leitrim, Fine Gael)
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Question 79: To ask the Minister for Communications, Marine and Natural Resources the reason for the delay in deciding the way in which to distribute the cut in the mackerel quota which has arisen from alleged illegal landings of fish in Scotland; the way in which it was possible for the Scottish authorities to take a prompt decision to penalise individual skippers while the process here is dragging on over six months later; and if he will make a statement on the matter. [33325/06]

John Browne (Wexford, Fianna Fail)
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Following reporting by the United Kingdom authorities to the EU Commission of undeclared landings of mackerel by Irish vessels into Scotland in 2005, the EU Commission deducted 6,578 tonnes from Ireland's 2006 mackerel quota under Commission Regulation 742/2006. Following extensive consultations with the European Commission, the Attorney General's Office, and industry representatives and having considered all the issues involved and options available in the context of Ireland's obligations under the Common Fisheries Policy, I adopted a policy to address the reductions to Ireland's mackerel quota in 2006.

The deductions will be applied to the allocations of those vessel owners in respect of whom I am satisfied, following full consideration of representations made to me by the vessels owners identified, have breached Community regulations and landed undeclared mackerel. I have written to the individual vessel owners involved and I will examine any representations as may be made on an individual basis. Having considered the representations made, I will make the requisite adjustments in respect of the management of the autumn fishery.

Any balance of the 6,578 tonnes deduced from Ireland's 2006 mackerel quota, which is not met following the applications of these reductions to the allocations of vessel owners who I am satisfied breached Community Regulations and landed mackerel illegally, will be applied to the other vessels in the RSW Pelagic fleet on a pro rata basis.

Discussions are ongoing with the EU Commission in relation to the methodology, scaling and timing of deductions in respect of undeclared landings in the period 2001-2004 as indicated as a result of the UK investigations The matter of addressing any reductions to Ireland's future mackerel quota to address the reported undeclared illegal landings in the period 2001-2004 will fall for consideration at a future date.

It is a matter for the Scottish authorities to take action as they see fit and in accordance with their own legislation. The Deputy will appreciate that Ireland must act in accordance with our own legal system as well as within EU law. This has required careful consideration of all the issues before deciding on a course of action, having regard in particular to principles of fairness and natural justice.