Pat Gallagher (Donegal, Fianna Fail)
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453. To ask the Minister for Agriculture, Food and the Marine if, in the instance of the proposed penalty points being attached to a vessel owner's licence, they would remain attached to his or her licence should a court subsequently find in favour of the vessel owner; the rights of appeal to the courts the vessel owner has following a decision reached by the proposed board of determination which the Minister proposed to establish by statutory instrument; and if he will make a statement on the matter. [49365/17]

Michael Creed (Cork North West, Fine Gael)
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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 and 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.

In June 2016, I advised the Oireachtas that subject to addressing some important legal and administrative issues, that I was hopeful of moving towards a system of sequential application of EU points in conjunction with the prosecution process, having consulted with the Attorney General’s office. I made it clear that this move was subject to addressing some important legal and administrative issues in order to ensure compliance with EU law.

There has been extensive examination and consideration of all the issues in relation to meeting our EU obligations to implement the points system in the interim period. The firm legal view available to me is that it is not possible to deliver on an effective and dissuasive points system, as required under EU law, by assigning points to licence holders upon successful prosecution.

Accordingly, as is the case with SI No. 125 of 2016, it is intended that the new SI will provide that points assigned to a holder of an Irish licence remain assigned regardless of any criminal proceedings pending, or the outcome of any such proceedings, in respect of the serious infringement concerned.

In relation to rights of appeal, it is intended that the new S.I. will provide for a right to appeal to an independent Fisheries Adjudicator if the licence holder is dissatisfied with the determination of the Determination Panel. The Adjudicator is a legal person appointed by the Minister.

It is also intended that under the new S.I. the licence holder may appeal on a point of law a decision of the independent Fisheries Adjudicator to the High Court. In the 2014 S.I., this appeal was “final and conclusive” – this aspect of the provision has been removed.