Minister for Marine Michael Creed has warned that Ireland faces large fines and risks losing an additional €37 million in EU funds if Fianna Fáil continues to oppose the Government's legislation on penalty points for serious fishing offences.
The European Commission has confirmed that suspension of European Maritime and Fisheries Fund (EMFF) monies for "control and enforcement" is underway as part of initial proceedings against Ireland for failing to introduce penalty points .
A Fianna Fáil private members’ motion due before the Dáil on Wednesday seeks to rescind a new statutory instrument on penalty points, principally due to lack of provision for appeal to the courts.
The penalty points system for serious fishing offences was due to come into place in all EU member states in 2012.
It aimed to standardise policing of the Common Fisheries Policy (CFP), and applies mainly to quota breaches. Successive infringements can lead to loss of fishing licenses.
Legislation to enforce it here has result in two High Court challenges and a successful appeal by the fishing industry to the Supreme Court.
Last week, a formal notice of infringement proceedings against Ireland was issued by the European Commission over the delay.
Fianna Fáíl marine spokesman Pat the Cope Gallagher, who has tabled the private members’ motion, says his party is not opposed to penalty points , once a system is “fair and equitable” and does “not treat skippers as second class citizens”.
However Mr Creed argues that his new statutory instrument signed into law on March 20th this year takes into account the Supreme Court judgment.
Mr Gallagher contends it does not fully adhere to the judgment, and points out that a State "board of determination" empowered to handle appeals is not independent of the State's Sea Fisheries Protection Authority (SFPA).
“This is not in accordance with common law principles,”Mr Gallagher says.
A spokesman for Mr Creed said that Mr Gallagher had not provided the Government with any alternative wording.
The minister’s spokesman said that the EU was already moving to suspend €2.6 million of EMFF monies in 2017 and a further €4 million in 2018.
“This figure will accrue to €37 million in the event of continued non-compliance,”the spokesman said.
The State could also run the risk of heavy fines, he said, pointing out that EU infringement proceedings taken against France for non-compliance with other fishery controls had led to a 20 million euro lump sum fine and a further 57 million euro fine for every six months of non compliance.
Ireland’s EMFF operational programme 2014-20 provides for 240 million euro in seafood sector investment, shared with the EU. Some 46 million euro of this is for control and enforcement, with the EU contributing just over 37 million euro of this.
The Irish Fish Producers’ Organisation said it supported Mr Gallagher’s move, as the industry is seeking a fair and an independent system.
