Written answer
Agriculture Industry
772. Deputy Pat the Cope Gallagher asked the Minister for Agriculture, Food and the Marine his plans to review the Sea Fisheries and Maritime Jurisdiction Act 2006 in view of the recent appearance of the Sea Fisheries Protection Authority at the Oireachtas Joint Committee on Fisheries and Maritime Affairs where the authority was unable to answer questions posed due to the said Act; if he is aware that this Act has never been subject to review or overhaul and is dated in approach in comparison to other member states; and if he will make a statement on the matter. [71724/25]
Comment on this
The Sea-Fisheries Protection Authority (SFPA) was established under the provisions of the Sea-Fisheries and Maritime Jurisdiction Act 2006.
Section 42 of the Act provides that “…the Authority shall be independent in the exercise of its functions”.
In particular, it should be noted that the monitoring and control of fishing vessels within Ireland’s Exclusive Fisheries Zone are law enforcement matters for the Irish control authorities. Under the 2006 Act, all operational matters concerning sea fisheries control are, as a matter of law, exclusively for the SFPA and the Naval Service. Under the Act, I am expressly precluded from getting involved in operational matters in relation to sea fisheries control.
Section 68 of the 2006 Act provides for the accountability of the SFPA to Committees of the Oireachtas generally. In particular, section 68(2) provides that “From time to time, and whenever so requested, the Authority shall account for the performance of the functions of the Authority to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to its functions”.
However, section 68(3) provides that in carrying out its duties under this section, the Authority shall not:-
"(a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy,
(b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person, or
(c) be required to account to a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State."