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WAITING for a FAIR DEAL No End in Sight to Ireland’S Penalty Points Saga

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WAITING for a FAIR DEAL No End in Sight to Ireland’S Penalty Points Saga The 1964-2014 1964-2020 LEADINGSkipper JOURNAL OF THE IRISH & UK INDUSTRIES OCTOBER 2020 €3.50/£3.00 WAITING FOR A FAIR DEAL No end in sight to Ireland’s penalty points saga. See pages 2-3 DIGITAL ISSUE www.theskipper.ie/subscribe/SUBSCRIBENOW Gary and John Brosnan, Dingle onboard Cúilín T70 fishing crayfish around Dingle Bay and the Blaskets. (CREDIT: TOM BROSNAN) OCTOBER 2020 The Skipper The Skipper OCTOBER 2020 News 3 SkipperThe ‘They’re just not interested in were elected they would “introduce control ‘policeman’, because that SERVING THE IRISH & UK a fair penalty points system that is what it is in the format that it has FISHING INDUSTRIES the fishermen having a fair meets EU obligations while been introduced. safeguarding the rights of Irish “We could have introduced it on fishermen.” Following the eventual the same basis as other countries, deal in this country’ hobbling together of a government, where the rule of law and the burden the Coalition’s Programme for of proof takes precedence over a EDITOR: Lia ní Aodha Government promises a more ‘Kangaroo Court’. I hope it can be C Fish specialises in converting fish by-products [email protected] watered-down version – to amended to reflect our concerns into pet food ingredients and bait Mob: 086 823 9608 implement “a fair EU points system in line with a letter we sent to the in order to protect fish stocks and Minister.” Fresh & Frozen Fishing Baits for the Commercial & ensure the release of suspended EU According to a statement from Angling Fisherman. Weekly Deliveries Nationwide funding.” the Department issued following SALES: Sharon Boyle In a comment to The Skipper on the meeting, the Minister listened to ENQUIRES WELCOME FROM THE UK [email protected] July 31, a Department spokesperson industry concerns regarding the SI, Tel: 074 95 480 37 said that with respect the said the exchange had been “very Charlie Vial, Main St, Dunkineely, Co. Donegal, Ireland Mob: 086 840 1250 implementation of a penalty points useful” and that he intended “to Tel: 074 9737254 Mob: 087 2548208 system, as per the Commission’s continue this close engagement with PRODUCTION /DESIGN: Email: [email protected] Web: www.cfish.ie Declan McGrath ‘reasoned opinion’ to the Irish the fishing industry going forward.” [email protected] Government on the matter earlier A post-meeting letter sent to the MANAGING DIRECTOR: this summer, the Minister would be Minister and signed by the CEOs of Hugh Bonner [email protected] progressing the matter as set down the four POs, however, states that SUBSCRIPTIONS: in the Programme for Government. while the POs were “encouraged” [email protected] Fair? Protects the rights of Irish by the Minister’s support for the Tel: 074 95 62828 fishermen and women? And where industry in the ongoing Brexit PRINTED BY: MCM Insurance Brokers Limited - WG Baird, Antrim, N.I. exactly does the source of the failure negotiations “unfortunately the same www.wgbaird.com here lie? Not the EU bogeyman this cannot be said of your response to Specialist broker to the Irish fishing sector. CONTRIBUTORS: Dunmore East. (Credit: Cathal Ó hUallacháin) time, if ever, the villain here, as is our concerns on the Penalty Point Lorna Siggins so often the case with the politics of issue.” Niall Duffy fishing in this country as elsewhere, “Overall the meeting was a John Cunningham is the State. disappointment, in that you were Dick James In the Dáil on September 8, this not prepared to countenance any Craig Taylor No End in Sight to Ireland’s Penalty Points Saga Government’s most recently instated deviation from the published S.I. to Gudjon Einarsson Minister for Agriculture, Food and take our four main concerns listed Shetland News By Lia ní Aodha will be waking up to a sea change been challenged successfully by two the Marine, Charlie McConalogue below, ‘on board’,” they say. on account of a no-deal Brexit in members of the IS&WFPO in the argued, “These new regulations are The four main concerns listed by just a few short months, on August High Court. a requirement of EU law and, as has the POs are as follows: Contact our experts: he sad thing I seem 26 Taoiseach Micheál Martin signed Calling on the Taoiseach to been the case since 2012, all other • Section; 6(9) Where the burden Ballina office on - 096 72977 to think is that when into law a Statutory Instrument (SI) urgently amend the legislation, coastal member states have now of proof is less than that fishermen seem to want regarding a penalty points system Killybegs Fishermen’s Organisation implemented this EU points system. required in a prosecution, ‘on MCM Insurance Brokers Ltd. are regulated by the Central Bank of Ireland Published monthly by Mara Media, “T improvement in the legislation in Ireland has been found to be in Annagry, Co Donegal. for the fishing industry. (KFO) CEO, Seán O’Donoghue the balance of probabilities’ as www.maramedia.ie this country the government seem Containing much the same facets said the industry was livid that the breach of its EU legal obligations as in the SI text. to think it’s an affront to their as previous attempts at a system Taoiseach had “enacted highly a result of our failure to implement • Section; 8(1), Where points ATLANTIC MARINE SUPPLIES LTD authority. But, we have done many devised by the last Government, controversial penalty points them before this point.” remain on a licence even in DEPARTMENT OF MARINE APPROVED LIFERAFT SERVICE STATION In the compilation of The Skipper, every care things through the official channels, ones that have not only met with legislation” and “with zero What the Minister didn’t say, the event of an appellant being is taken to ensure accuracy. Where errors or omissions are brought to the attention of and tried to get a better salmon vehement opposition (including consultation with fishermen and in however, is that there is no “this EU exonerated of any offence. PRODUCTS SERVICES Foilseachán na Mara Teo., future publications will legislation. But… actually sitting from the Taoiseach’s own party) spite of having stridently opposed it, points system”, rather the one in • Section;10(2), Where points • LIFERAFTS • LIFERAFT be amended accordingly. However, Foilseachán down with the government and with but have been struck down in the while in opposition.” question is Ireland’s very particular attached to capacity multiply in • LIFEJACKETS SERVICING na Mara Teo. does not accept liability to any the salmon fisheries authorities, Courts, not surprisingly the move “We are not against a penalty interpretation of an EU Directive the event of that capacity being • RESCUE BOATS • LIFEJACKET person for loss or damage arising from anything contained in this publication or for any error they’re just not interested… They’re has met with much incredulity points regime since it is an EU with respect the implementation of a subdivided. • IMMERSION SUITS SERVICING or omission in it, even if such loss or damage is just not interested in the fishermen from both the fishing industry and requirement but there must be an points system. • Section; 12(14), Where a party • PYROTECHNICS • IMMERSION caused by negligence of Foilseachán na Mara having a fair deal in this country.” Opposition parties. equitable manner of administering As fishing representatives and may only apply to the High • H.R.U.’S SUIT SERVICING Teo., its servants or agents. Opinions and articles Barring the reference to salmon Just some of its most salient this,” he highlighted, adding that Opposition parties (including Court on a point of law. • BOARDING • HIRE LIFERAFTS featured are not necessarily the opinions of Foilseachán na Mara Teo. fisheries authorities perhaps, one points, the SI would see the SFPA the signing of the SI had come Fianna Fáil themselves, now so “We expressed our views on LADDERS would be forgiven for mistaking as the body to assign penalty points, completely out of the blue and intent of bringing the system in), these issues at the meeting and are the above comment for one more and features an SFPA established “putting it mildly, is neither fair however, have highlighted time now asking you to confirm whether INSIDE THE contemporaneous than it is. “determining panel” with the nor reasonable and runs contrary to and again, to date, all efforts by or not you will reconsider them,” Suppliers of full range of approved lifesaving equipment. Captured in the RTÉ Archives in a purpose of determining whether a the Programme for Government of the Government to introduce a they say. Service of RFD, DSB, Dunlop - Beaufort, Zodiac and Lifeguard equipment OCTOBER ISSUE report by Michael Ryan it was made serious infringement has occurred introducing a fair system.” penalty points system for fishermen At the time of writing, it Donegal Road, Killybegs, Co. Donegal. more than three decades ago on and whether or not points are to Sinn Féin’s spokesperson on have failed on account of how the is understood, however, that Phone: 074 9731440 Fax: 074 9731699 P 4 May 27, 1986, by Johnny Murray of be assigned. Points assigned to the Fisheries and the Marine Pádraig Government has attempted to devise acknowledgement of receipt of the After hours; 074 9731332 Email: [email protected] MCIB believes Garda inquiry Dunabrattin, Co Waterford. holder of an Irish licence would Mac Lochlainn TD called on the the system. letter aside, no response has been ‘unlikely’ Chairman of the local fishermen’s remain regardless of any criminal Taoiseach to urgently clarify why In this regard, a meeting forthcoming from the Minister. The organisation at the time, it was proceedings pending or the outcome he signed off on an SI that would between the POs and the Minister Irish South and West say that it has P 5 Johnny’s parting message to of any such proceeding with respect impose penalty points on the fishing on September 16 secured by Cork been decided by their membership Increased SFPA Scrutiny for the camera as he was being the infringement concerned.
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