Question on a point system for the Licence Holder of a sea-fishing boat

Parliamentary Question No. 3

 
To ask the Minister for Agriculture, Food and the Marine his views on whether the provision included in Section 6(1) of SI No.3 of 2014 is fair and proportionate and in compliance with the principal of natural justice; and if he will make a statement on the matter.
– Thomas Pringle.
For PRIORITY answer on Wednesday, 26th March, 2014.

Ref No: 13995/14 Lottery: 3 Proof: 36
REPLY

The Minister for Agriculture, Food and the Marine: (Simon Coveney)
S.I. no. 3 of 2014 gives effect to the requirements of Article 92 of EU Council Regulation 1224/2009 and Commission Implementing Regulation 404/2011. In accordance with the EU Regulations, the SI gives full effect to a point system for the Licence Holder of a sea-fishing boat. The points system applies where a serious infringement of the Common Fisheries Policy by a fishing vessel, applicable to both EU vessels and third country vessels, is detected within the Exclusive Fishery Limits of the State or for an Irish vessel, wherever it may be.

The Statutory Instrument was prepared in close co-operation with the Office of the Attorney General. I have full confidence that the SI is legally sound and is consistent with the requirements in the EU Regulations, the Irish Constitution and natural justice. The purpose of the EU Regulation stated in the recital is to create a level playing field in fisheries control across the EU. All Member States have given effect to the Article 92 of the Council Regulation in respect of the points system to apply for license holders.

The points system for Licence holders set out in the SI is not the administration of justice as understood in the criminal sense. It is a separate and parallel administrative system with a lower burden of proof. It is important to note that there will be no immediate sanction for a licence holder following the application of points. Rather, there must be persistent serious infringements leading to an accumulation of a certain number of points before any suspension will occur.
The accumulation of points for persistent serious infringements of the Common Fisheries Policy will lead to the suspension of a sea fishing boat licence for a period from 2 months to one year. In extreme cases persistent serious fisheries infringements could lead to the permanent withdrawal of a licence.
It should also be noted that I have, in the Statutory Instrument, made provision for a robust and effective appeals process. Therefore a licence holder may apply to an independent Appeals Officer against any proposal to apply points to him or her. I have already appointed an Appeals Officer in accordance with the provisions of the Statutory Instrument. The Statutory Instrument also makes provision for an appeal on a point of law to the High Court from the decision of an Appeals Officer. Therefore it can be seen that the Statutory Instrument provides for an effective and independent appeals process in compliance with the requirements of fair procedures and natural justice.
This process will deliver on the requirements in Article 126(4) of the Commission regulation to deliver an effective system. For these reasons I believe that regulation 6(1) of S.I. no. 3 of 2014 is fair and proportionate and complies with natural justice.

Be Sociable, Share!

• 

•