Sequential application of penalty points for fishing infringements ‘not possible’ says marine department

Created on Wednesday, 01 November 2017 12:37
Written by Gillian Mills

The Department of Agriculture, Food and the Marine has told Inshore Ireland that based on advice from the Attorney General, 'it would not be possible to deliver on an effective and dissuasive points system consistent with the requirements of the EU Regulation’ by making the assignment of points dependent on the Court prosecution process.

CastletownKillybegs

Fishermen from Castletownbere to Killybegs and beyond will be impacted by proposed new Statutory Instrument

DAFM added it had hoped that subject to addressing some important and administrative issues, ‘Ireland could move towards a system of sequential application of EU points’ in conjunction with the prosecution process’.

The new Statutory Instrument which the Minister intends to sign shortly will amend S.I. No. 125 of 2016 to change the make-up of the Determination Panel. This will involve the appointment of three independent legal professionals nominated by the Attorney General, ‘thereby completely separating the enforcement and the determination functions’.

To be extent possible, the SI ‘will take on board the issues of concern in relation to procedures and processes highlighted in High Court judgments on this matter.’

Pilot infringement proceedings by the EU Commission for non-implementation of the EU points system have been taken, the statement added.

‘It remained an option for the EU Commission to proceed to formal infringement proceedings in respect of the licence holders system.

‘There are also serious implications with regard to the release of funding under the European Maritime and Fisheries Fund (EMFF).’

Retrograde step

At a recent parliamentary party meeting, Donegal Fianna Fáil deputy, Pat the Cope Gallagher, publically questioned the intention of Michael Creed, Minister for Agriculture, Food and the Marine, to introduce the SI “despite assurances given last year that such a system would not be implemented. “It now transpires that the Minister is about to give effect to such a system and will not take into account the innocence or otherwise of the fishermen. Such is the bluntness of the proposed legislation.”

Deputy Gallagher added that the SI was being considered regardless of the outcome of a Court case - that the penalty points will still apply.

“This defies logic and is contrary to the principles of common law whereby an individual is innocent until proven guilty and when proven innocent, no penalty or sanction remains on their character. But this is not the case with the proposed penalty points being considered … as it in effect would not be able to remove the penalty points once issued regardless of what a subsequent court would determine.”

Pat the Cope said it was a “step backwards” and was “disgraceful behaviour by those who are currently drafting such regulations especially in the context of last year’s commitments given not to precede which such a course of action.

“The Minister must immediately desist from proceeding with this course of action and honour the commitment given last year. The penalty points system does not work – it’s unfair in its approach and contrary to common law and as such must be scrapped. I would strongly advise the Minister to consult with the sector.”

Deputy Gallagher added he would be raising the matter in the Dáil after the current recess and was confident of the full support of the Fianna Fáil party.