Fine Gael MEP Sean Kelly has called on two government departments to review the case of the fishing vessel Mary Kate and engage again with EU authorities.
“It is disappointing that a thorough investigation has not yet been carried out into the circumstances of the Mary Kate beam trawler case,”Mr Kelly has said.
As previously reported by Afloat, Arklow fisherman CJ Gaffney is at a considerable loss after a German-registered beam trawler he bought in 2007 was found to be unstable and unsafe.
The Mary Kate was found to be 15-20 tonnes heavier than recorded in the German registration, compromising its stability and leading to a near capsize.
Political Push: Fine Gael MEP Sean Kelly has called on government departments to review the Mary Kate case and re-engage with EU authorities on possible compensation
However, an insurance payout was refused, and Gaffney was time-barred from taking legal action against the sellers and the German registration authority.
He was also unable to avail of an Irish decommissioning scheme, and paid to lengthen the vessel, which remedied the stability fault.
Irish authorities re-certified the Mary Kate as safe to operate, but the Gaffneys were unable to return to fish due to delays in increasing the vessel’s capacity tonnage, and they decided to sell.
A buyer was found in Britain, but the British authorities refused registration due to the vessel’s previous issues. By 2012 the Gaffney family were left with significant losses and debt arising.
The vessel was repossessed and sold on by the banks, and the new owner fished it for several years off the south-west coast before having it accepted for the last decommissioning scheme.
Mr Kelly has long championed the Gaffney case, along with a number of other Irish MEPs.
The European Commission told the MEPs what while it had no jurisdiction over the matter, as the vessel was just under 24 metres and outside EU safety legislation, Ireland could use the European Fisheries Fund to compensate the owner.
However, the departments of transport and agriculture, food and marine have both said they cannot facilitate this.
“It is extremely unfortunate that no compensation has been secured for Mr Gaffney, considering the hardship he and his family have endured since, despite his best efforts to resolve the situation which was not caused by any wrong-doing on his part,”Mr Kelly said in a statement.
“I, along with other Irish MEPs, raised the case in writing to An Taoiseach Micheál Martin and relevant government departments in 2022 and called for action,”he said.
"In the past, the European Commission made it clear that the case could have been exceptionally addressed through the European Fund for Maritime and Fisheries,”he said.
“I strongly urge the Department of Agriculture, Food and the Marine and the Department of Transport to review this case and engage again with EU authorities,”he said.
It is imperative that they exhaust all possible options that may provide some compensation to Mr Gaffney,”he said.
"A fair resolution to this case, though overdue, would reassure Irish fishers that Ireland values safety of vessels and those working to high standards in the sector,”Mr Kelly said.
At a recent Oireachtas fisheries committee hearing on the issue, naval architect Justin Delaney pointed out that Mr Gaffney and his crew nearly died, and had acted responsibly in pursuing the stability issue and raising awareness of the safety of sister vessels.
He has called on the Government to convene a meeting involving Ireland, Germany and Netherlands to push for compensation for affected owners of this type of vessel.
