Charlie McConalogue (Donegal, Fianna Fail)
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202. To ask the Minister for Agriculture, Food and the Marine when he will amend S.I. No. 125 of 2016, given that the Attorney General has been requested to review it and to ensure that no penalty points are applied to owners' licences until after they have been found guilty in the courts; and if he will make a statement on the matter. [13926/16]

Michael Creed (Cork North West, Fine Gael)
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The Deputy will be aware that S.I. No. 125 of 2016 - European Union (Common Fisheries Policy) (Point System) Regulations 2016 adopts the requirements of Article 92 of Council Regulation (EC) No. 1224/2009 of 20 November 2009 and Title VIl of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011. In accordance with the regulations, this S.I. establishes a point system, which applies to the Licence Holder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected within the Exclusive Fishery Limits of the State or for an Irish vessel, wherever it may be.

I have been considering all of the concerns raised by Deputies and by the fishing industry in relation to the implementation of the EU points system for serious infringements of the Common Fisheries Policy. Indeed, this issue was discussed at a meeting I had with representatives of the fishing industry this morning.

Upon taking office I requested that the Attorney General consider whether there is a way that the assignment of EU points for licence holders can await the completion of the prosecution process, while at the same time ensuring that Ireland is fully in compliance with its obligations under EU law.

Further to the Programme for Government commitment pertaining to the assignment of penalty points, I quickly sought advice from the Attorney General as prescribed in the document.  Having now received this advice, I am satisfied to move on the introduction of a system for the sequential application of EU points in conjunction with the prosecution process, thus fulfilling the ambition outlined in the Partnership Programme.

I should advise the Deputy that this move is subject to addressing some important legal and administrative issues in order to ensure compliance with EU law.  I have listened to the concerns of industry and intend to report back to An Oireachtas as soon as I have finalised a way forward in the context of dealing with legal and administrative matters that are arising.  However I am confident that these matters can be dealt with in a collaborative and constructive manner with all stakeholders.