Written answers

Thursday, 16 November 2017

Department of Agriculture, Food and the Marine

Fishing Vessel Licences

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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181. To ask the Minister for Agriculture, Food and the Marine the status of plans to introduce a system of penalty points by statutory instrument for fishing vessel licence holders; if he has consulted fishing organisations on this S.I.; the way in which this system will work; the appeals mechanism that will be in place; and when the SI will come into effect. [48626/17]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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182. To ask the Minister for Agriculture, Food and the Marine the definition of serious infringements as referenced in his letter of 1 November 2017 to the Oireachtas Committee on Agriculture, Food and the Marine on plans to introduce a statutory instrument penalty points system for fishing vessel licence holders. [48627/17]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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I propose to take Questions Nos. 181 and 182 together.

The European Union (Common Fisheries Policy) (Point System) Regulations 2016 (S.I. No. 125 of 2016) establishes a point system, which will apply to the Licence Holder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected.  It is intended that the new Statutory instrument which I intend to sign shortly will replace S.I. No. 125 of 2016 to change the make-up of the Determination Panel set up under the 2016 S.I. to determine if on the balance of probabilities a serious infringement occurred and whether it is a serious infringement.  This will involve the appointment of three independent legal professionals nominated by the Attorney General, thereby completely separating the enforcement and the determination functions. The new SI will, to the extent possible, take on board the issues of concern in relation to procedures and processes highlighted in High Court judgments on this matter.  It will also address certain minor technical and drafting issues arising in S.I. No. 125 of 2016 .

Regarding the determination of a serious infringements, the S.I. (Regulation 3 of SI No. 125 of 2016) defines “serious infringement” as "...an infringement of the rules of the common fisheries policy mentioned in Annex XXX to the Commission Regulation that is determined by the Determination Panel, on the balance of probabilities, to be serious having regard to the criteria and guidance notes referred to in Regulation 6(3)."

Regulation 3 also provides that “Commission Regulation” means Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011 as amended by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015.

Regulation 6(3) referred to above provides that "The SFPA may issue guidance notes, which shall be published on its website on the internet, for the purpose of providing practical guidance in identifying the criteria, for the purpose of these Regulations, the Control Regulation and the Commission Regulation, employed in determining whether an infringement is a serious infringement."

It is intended that the new SI will feature the same definitions. As stated above, it is envisaged that it will be for the new Determination Panel established under the new SI to determine if on the balance of probabilities an infringement occurred and whether it is a serious infringement.  

Having an effective, proportionate and dissuasive system of points for all fishing vessels, Irish and non Irish, operating in our 200 mile zone is beneficial to maintaining the sustainability of fish stocks on which our seafood sector is dependant.  This system will ensure that the vast majority of our law abiding fishermen are able to compete effectively and look forward to a sustainable future in the industry.

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