Inshore ireland vol12 nr2 spring 2016

Page 1

www.inshore-ireland.com The Marine & Freshwater Environment Publication

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Interview with BIM chief executive

Ecotourism initiative on Inisbofin

pgs 14 & 15

pgs 26 & 27

Spring 2016 Vol 12 Issue 2

ONLINE EDITION

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Penalty point system for fisheries offences ‘not fit for purpose’ Gillian Mills

S

econdary legislation giving effect to an EU regulation covering serious infringements of common fisheries policy rules has been described as ‘not fit for purpose’ by Independent TD, Thomas Pringle. TDs from across the house have also tabled a Notice of Motion calling for SI 125 2016 to be annulled. In a statement, the deputy outlines his Parliamentary Question to marine minister,

Simon Coveney, which he said he had set down on foot of concerns expressed by Donegal fishermen. ‘Coveney in his response admitted the new fishing Penalty Point Statutory Instrument he signed on March 1 of this year, is inherently flawed. The Minister gave an extensive reply to my PQ in which he indicated he will introduce primary legislation which in his own words he claims will give a sound legal basis to a scheme that implements the EU points system for licence holders.’ ‘If the Minister is planning to introduce primary legislation, he’s confirming the fact that the existing

Inisbofin: the first ‘Leave no Trace’ island. (see pages 26&27).

new Statutory Instrument is not for purpose.’ SI 125, 2016 replaces a previous government order that was the subject of two High Court challenges. The High Court made formal orders striking down as ‘unconstitutional’, provisions of a penalty point system for fishermen who engage in illegal, unreported or unregulated fishing. The State was found to have failed to recognise the absence of principles and policies to introduce a novel way of determining serious infringements through the imposition of penalty points

on holders of fishing licences. According to SI 125, 2016, ‘Points assigned to a holder of an Irish licence remain assigned, regardless of any criminal proceedings pending, or the outcome of any such proceedings, in respect of the serious infringement concerned.’

Industry reacts

“It is inconceivable that anyone would draft legislation [that] allows penalty points to be applied to an Irish fishing licence after they have been acquitted in Court,” remarked Francis O’Donnell, CEO of the Irish Fish Producers Organisation.

“What is worse is that a minister has signed this in view of the High Court decision. The Irish fishing industry was not consulted on this issue which allows the Sea Fisheries Protection Authority to apply points to a licence holder even though they have not committed any offence.” The chief executive added it was an “incredible and pernicious development” in Irish fisheries, and was “mind boggling” that anyone could stand over this legislation. Recognising the legal obligations on Ireland to »» PAGE 2

Photo Gillian Mills


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Inshore ireland vol12 nr2 spring 2016 by Inshore Ireland Publishing - Issuu