Written answers

Wednesday, 7 October 2020

Department of Agriculture, Food and the Marine

Fishing Vessel Licences

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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272. To ask the Minister for Agriculture, Food and the Marine if a penalty points appeals mechanism outside of the courts will be put in place for fishermen; and if he will make a statement on the matter. [29160/20]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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As the Deputy may be aware, on 26 August 2020, the European Union (Common Fisheries Policy) (Point System) Regulations 2020 (S.I. No. 318 of 2020) were signed into law by the Minister for Agriculture, Food and the Marine.

The Statutory Instrument establishes a point system, which will apply to the Licence Holder of a sea-fishing boat when a serious infringement of the rules of the Common Fisheries Policy is detected within the Exclusive Fishery Limits of the State or for an Irish vessel, wherever it may be.

S.I. No. 318 of 2020 provides for the establishment of a Determination Panel comprised of 3 independent legal professionals nominated by the Attorney General to determine if on the balance of probabilities a serious infringement has occurred. The instrument also establishes an independent Appeals Officer, also nominated by the Attorney General, to review the decision of the Determination Panel on the request of the licence holder. Both the Determination Panel and the Appeals Officer must grant the licence holder an oral hearing if he or she so wishes. A party to an appeal may subsequently apply to the High Court on a point of law regarding a decision of the Appeals Officer.

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