Dáil rejects third attempt to introduce penalty system for fishing infringements

A motion to rescind a Statutory Instrument giving effect to a penalty-point system for serious fishing infringements has received majority Dáil backing.

This was the third attempt by government to introduce a new system of sanctioning fishermen in line with an EU directive under the Common Fisheries Policy.

Bringing the motion, Fianna Fáil marine spokesperson and Leas Cheann Comhairde, Pat the Cope Gallagher described the secondary piece of legislation as “unfair and imbalanced” in how it dealt with fishermen.

The proposal by marine minister Michael Creed “failed to provide an appropriate appeals mechanism; it focused too much power with the Sea-fisheries Protection Authority and gave it an overly domineering role in the various processes” he added.

The SI also allowed for multiplication of points when tonnage was being sold.
“This was grossly unfair as it would result in individuals ending up with multiples of the original points awarded for fishing infringements.”

Background
Since 2014, Fine Gael has brought forward three statutory instruments in an attempt to bring the EU penalty point system for fishermen into Irish law. In 2014, the High Court found the first SI to be unconstitutional and out of line with fair procedures. This was upheld by six Supreme Court judges.

In 2016, government brought forward another piece of second legislation, very similar to the 2014 SI. In 2017, a similar piece of legislation was struck down by the Irish courts “but it would seem the Minister did not fully understand the judgment handed down by the Supreme Court,” deputy Gallagher remarked.

This legislation, if it had been passed by the Dáil would have made “second-class citizens” of our fishermen and would not permit natural justice to prevail”.

Citizen rights

Acknowledging that a penalty point system must be introduced, it should not be “at the expense of the rights of Irish fishermen” he said.

Fianna Fáil has prepared an alternative SI that allows for appeals, grants and oral hearing and gives realistic timelines for furnishing evidence and appeals, abolishes the multiplication of penalty points when selling tonnage, and treats fishermen with respect before the law.

“The Dáil has sent the Minister back to the drawing board. It is now incumbent on all of us legislators to draw up and agree laws which are acceptable, in keeping with our EU requirements, but equally respectful of the rights of the Irish citizen.”

Minister Creed’s proposal to convict fishermen “on the balance of probabilities flies in the face of the traditional method of proving a case beyond reasonable doubt,” stressed deputy Gallagher.

The four Irish fish producer organisations (Killybegs Fishermen’s Organisation; Irish Fish Producers Organisation, Irish South & West Fish Producers Organisation and Irish South & East Fish Producers Organisation) thanked the main opposition parties for voting to rescind the SI and particularly recognised the ‘hard work carried out by Pat ‘the Cope’ Gallagher” in marshalling fellow deputies.

After ‘heavy criticism and no engagement with the fishing industry’ Minister Creed brought forward another new SI (89/2018) which again failed to follow any fair procedure, only allowing for an appeal to the High Court on a point of law, a joint statement reads.

‘It also failed to allow fishermen ample time to appeal and in particular, points would remain on the fishing licence even though the fisherman was exonerated in court and found to be completely innocent.’

Irish fishermen and their representatives agree a penalty point system is needed and is a legislative requirement, they ‘will not accept a system that is above the courts and ignores the rights of the individual to have a fair hearing, in line with normal democratic legal processes.’

‘While Minister Creed has done much to “spin his own version” of events, government has had four years to put legislation in place.’

Fishermen are now waiting to see what moves if any Minister Creed will make in support of the amendments put forward that would see a fairer penalty point system similar to that of the UK whereby points are assigned only after conviction for alleged offences.