Donegal deputy Pat the Cope Gallagher has confirmed that the Penalty Points system for fishing infringements will not be introduced until the Supreme Court makes its judgement and sufficient time is given in order to study the ruling of the court.
Fianna Fáil Marine Spokesperson Pat the Cope said he is extremely concerned about the draft Statutory Instrument which was due before the Dail by Minister for Agriculture, Food and the Marine, Michael Creed.
Fianna Fáil Marine Spokesperson Pat the Cope said “I personally intervened with the Minister and made the case that it was a futile exercise and wrong to introduce a law, such as penalty points for fishing infringements especially in the context of the potential serious impacts the sanctions would have on the fishing sector until such time as we have all the facts at our disposal.
“I am seriously concerned that the draft Statutory Instrument prepared by the Minister does not afford the fishermen and or the vessel owners the right to appeal to an Irish Court – which is completely contrary to Irish Common Law principles and as such would be repugnant to our constitutional rights of appeal in the case of criminal law.
“I became most concerned when I was made aware earlier last month, that it was the intention of the Minister to lay a new Statutory Instrument (SI) before the house to give effect to a penalty points system.
“Having raised the matter in the Dáil on a number of occasions and directly contacted the Minister I made the case that the Statutory Instrument which was about to be introduced must be withdrawn until such time as the Supreme Court makes its ruling, to introduce any law in the absence of the judgement would be folly.
“I on behalf of my party conveyed our disquiet on the matter and asked for the process to be stopped – The Minister confirmed to me this week that the SI would now not be considered until such time as the Supreme Court make their ruling.”
Pat the Cope stated that any attempts to introduce penalty points for fishing infringements in the future must afford vessel owners and fishermen the rights of appeal to the Irish court.
He said: “The proposed system did not give them that right, it also in my view relied too heavily on the Sea Fisheries Protection Agency (SFPA), it does not afford the sector a voice on the board of determination and most serious of all it only gives the right to vessel owners and fishermen the right to appeal to the Irish courts on a point of law – which is contrary to our constitutional rights under common law principles.
“The Statutory Instrument fell well short of what I would consider fair, balanced or constitutionally correct – and as such it is a right and correct decision that the Statutory Instrument is now withdrawn.
“I am urging the Minister not to proceed with a Statutory Instrument until the Supreme Court decision is available, to use the next number of weeks or months to properly sit down with the fishing sector and together study the impacts of the pending Supreme Court judgement – it is a futile exercise preparing laws in isolation of the sectoral interests and worse when you are not prepared to take on board the rulings of the Irish courts which are there to protect the rights of the individual.
“I will continue to raise this matter with the Minister but I am seeking a better approach in how we deal with this matter from here on in,” concluded Pat the Cope.
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