Written answers

Thursday, 9 March 2017

Department of Agriculture, Food and the Marine

Legislative Programme

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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26. To ask the Minister for Agriculture, Food and the Marine his plans for publishing the sea fisheries Bill; if the Bill will deal with the penalty points issue; and if he will make a statement on the matter. [12358/17]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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It is my intention to introduce a Bill to amend the Sea Fisheries and Maritime Jurisdiction Act 2006 in order to provide for a points system for serious infringements of the Common Fisheries Policy as required by EU Council Regulation 1224/2009 for both skippers and licence holders; to affirm that fishing quotas are a national resource; and to introduce other miscellaneous and technical amendments.

On taking office, I requested and received advice from the Attorney General on meeting the commitment in the Programme for Partnership Government pertaining to the assignment of points to sea-fishing boat licence holders following the completion of the prosecution process, while ensuring that Ireland is fully in compliance with its obligations under EU law.

As I have advised the House previously, moving on the introduction of a system for the sequential application for EU points in conjunction with the prosecution process is subject to addressing some important legal and administrative issues in order to ensure compliance with EU law.  I am currently awaiting further legal advice of the Attorney General in relation to the required EU points scheme for fishing boat licence holders.  Apart from this issue, my Department’s work is advanced on drafting the General Scheme of a Bill.

Once the draft General Scheme has been finalised, subject to advice received from the Attorney General in respect of the above matter, the next step will be to undertake a Regulatory Impact Assessment (RIA) on the Points System for Licence Holders.  This will take approximately six weeks of public consultation.  The RIA for the other elements of the draft Bill has already been carried out.

It is my intention to introduce a Bill to amend the Sea Fisheries and Maritime Jurisdiction Act 2006 in order to provide for a points system for serious infringements of the Common Fisheries Policy as required by EU Council Regulation 1224/2009; to affirm that fishing quotas are a national resource; to resolve some typographical errors in the 2006 Act and to introduce other miscellaneous and technical amendments.

Thereafter, I plan to submit a Memorandum to Government seeking approval for the drafting of the Bill along the lines of the General Scheme and the forwarding of the General Scheme for consideration to the Oireachtas Joint Committee on Agriculture, Food and the Marine.  This will provide for Pre-legislative Scrutiny prior to its submission to the Office of the Parliamentary Counsel for drafting.

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