Fishing penalty points regulations
Deputy Collins challenges the legal status of new fishery penalty points introduced by statutory instrument during recess. The Tánaiste says EU law required the system and notes the House can still revoke the instrument or force a debate.
The Taoiseach, Deputy Micheál Martin, acting as Minister for fisheries, signed a statutory instrument which introduced a penalty points system on fishing fleets a few weeks ago while the Dáil was in recess when we had no chance to debate or stop that or at least submit amendments. Those penalty points have the potential to do major harm to the Irish fishing industry. I remind the Dáil that Fianna Fáil opposed a penalty points system when the former Minister, Deputy Creed, tried to introduce one some time back. What is the standing in law of these new penalty points following the signing of the statutory instrument? Can the statutory instrument be withdrawn by this Government? I call on the Minister, as a member of the Government, to do a U-turn on this and withdraw the statutory instrument so it can come before the Dáil for proper debate. Can he do that for the fishermen of Ireland?
Comment on this
I thank Deputy Collins. I understand it was a requirement under European law that we bring in a penalty points-type system for the enforcement of fishery protection law, so it had to come in sooner or later. I understand that the Taoiseach, in his capacity as Minister for Agriculture, Food and the Marine for a brief period of time, signed those regulations into law. The procedure, as the Deputy knows, is that any statutory instrument can be revoked by this House but it would be up to the Opposition, if it wishes, to insist on a debate and a vote on it. I think it would have about 21 days to do that. My understanding, however, is that this is a long-standing European obligation to bring in this system as an alternative to court prosecution. It is all about protecting our environment and our fisheries to ensure that we have fisheries and fishermen into the future.