Dara Calleary (Mayo, Fianna Fail)
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1165. To ask the Minister for Agriculture, Food and the Marine if he is in receipt of correspondence (details supplied); if a response will issue on the matters raised within. [52119/21]

Charlie McConalogue (Donegal, Fianna Fail)
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I am in receipt of recent correspondence from a fishing industry representative organisation citing legal advice to the effect, in summary, that there is no legal mechanism in the European Union (Common Fisheries Policy)(Point System) Regulations 2020 (SI No 318/2020) for licence holders to appeal a determination of the Determination Panel to the Appeals Officer that a serious infringement occurred. I will be replying directly to that body in respect of the issues raised.

In order to assist the Deputy in respect of the issues raised, I will set out here the position.

In light of the serious assertions contained in that letter, I have had my officials undertake a review of SI 318 of 2020 specifically to ascertain whether fishing boat license holders can appeal a finding by the Determination Panel that a serious infringement has occurred for which points should be assigned. Following their review, the legal position is as follows:

1. Any adverse determination made against a license holder by the Determination Panel and any proposal to assign points on the basis of that determination can be appealed to an Appeals Officer within 30 days from the date of the SFPA notification proposing to assign points on the basis of the Determination Panel finding that a serious infringement has occurred.

2. Points will not be assigned where an appeal has been made until after the appeal has been determined and only if the Appeals Officer has determined that a serious infringement has occurred for which points should be assigned.

In the circumstances, the legal position is that the appeal process provided for in SI 318 of 2020 guarantees licence holders an effective, substantive and fair appeal option.