Pat Gallagher (Donegal, Fianna Fail)
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520. To ask the Minister for Agriculture, Food and the Marine the progress he has made in preparing a replacement statutory instrument for serious fishing infringements as per the EU directive; the level of consultation he has held since May 2018 when the previous statutory instrument was rescinded by Dáil Éireann; the persons or bodies he has consulted with since May 2018 either within the fishing sector or Members of Dáil Éireann; and if he will make a statement on the matter. [48263/18]

Michael Creed (Cork North West, Fine Gael)
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As the Deputy is aware, on 20th March 2018 I signed into force the European Union (Common Fisheries Policy) (Point System) Regulations 2018, S.I. No. 89 of 2018. However, S.I. No 89 was annulled by Dail Eireann on 29 May 2018.

I am at present considering, with my legal advisors, next steps following that annulment. I expect legal advice to be to hand in the near future and once it has been fully considered, I will determine next steps in this matter.

As the Deputy may be aware, S.I. No. 89 adopted the requirements of Article 92 of Council Regulation (EC) No. 1224/2009 and Title VII of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011. It should be noted that both of these EU regulations went through the ordinary legislative procedure at EU level which would have included widespread consultation with interested parties including the Member States, Advisory Councils, NGOs and the fishing Industry.  The matter has also been discussed at industry liaison meetings over the years.  The EU regulations on this matter are highly prescriptive in relation to licence holders, leaving little room for further negotiation.