CJ Gaffney asks "What is Minister McConalogue's definition of a 'failed commercial transaction' after a radio interview this week

CJ Gaffney asks “What is Minister McConalogue’s definition of a ‘failed commercial transaction’ after a radio interview this week

What is Minister McConalogue’s definition of a “Failed Commercial Transaction” asks former Arklow fisherman.

Responding to comments made by the Minister for Agriculture Food and Marine, on East Coast FM, Arklow fisherman CJ Gaffney said the Minister’s comments infer that our purchase of our former fishing boat Mary Kate was a failed commercial transaction.  I very much refute his inaccurate comments said  CJ Gaffney. 

I am angered by the Minister’s statement that our purchase of our former fishing boat Mary Kate WD30 was a” failed commercial traction”.  Is the Minister inferring that we did not know what we were doing?   What is the minister’s definition of “a failed commercial transaction?” asked CJ.  I think a lot of people would like to know his answer to this question and I have written to him requesting an explanation.  Both me and my family take gross offence to his statement said the former Arklow fisherman. 

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Since the 1990’s we have bought and sold fishing boats as we traded up when the market dictated it.  Our credit worthiness with our financial institution, built up over a number of years was excellent.  It was based on sound business acumen – and not on “failed commercial decisions” as suggested by Minister McConalogue in his interview on East Coast radio.

I would like to point out to the Minister that no Minister has ever reviewed the independent evidence that the Mary Kate was faulty from new build. When we attended meetings in Brussels some years back, we got a fair hearing from the Office of the Directorate of Maritime Affairs. Those in attendance which included former Head of European Commission – Directorate General Maritime Affairs and Fisheries, advisors and some Irish MEPS were shocked after our Powerpoint presentation. The EU has consistently stated that Ireland (Dept of Agriculture Food & Marine) had competence in this matter. 

I would also like to clarify for Minister McConalogue that when we purchased the Mary Kate WD30, we carried out the requisite due diligence applicable at the time. Her official EU papers were stamped by German State Administration (German Ship Safety Division) and her Stability Book stamped by Germanischer Lloyd in Germany.  These official documents were the requisite official documents required for both purchase of a fishing boat and transfer within another EU Member State. Germanischer Lloyd is an independent classification society which set and apply design and construction rules to ensure vessels structures and their Shipbuilders comply with those rules on a worldwide basis. 

The Irish Marine Survey Office (MSO) accepted these official EU certified documents when the Mary Kate was registered under the Irish Flag as per the applicable rules at the time.

Independent certified professional evidence indicated that our former fishing boat Mary Kate WD30 was never in compliance with the official EU documentation.  It was only when we discovered there was 20 tons of unaccounted steel present in her that all official EU documents had to be revisited.  By default, any inaccurate official EU documentation warrants an investigation?  Do we now have to distrust any official documents in relation to the transfer of goods within all EU Member States, asks CJ?

Our loss is not greater or no less than that of the Mica Families in Minister McConalogue’ s constituency.  In fact, our respective losses are identical.  In the case of the Mica families, it is a mineral defect, in our case it is 20 tons of unaccounted steel.   In both cases the fault manifested years after construction. The impact on both parties is exactly the same – catastrophic loss. The only major difference in our respective cases is the two Government parties stand to lose a lot of seats in the next General Election. Sadly, we are a lone voice in the wilderness, but we are a very LOUD voice, and we intend to make our voice heard in all quarters said Mr. Gaffney speaking from his home in Arklow. In the meantime, I will wait for clarification from Minister McConalogue of his definition of “a failed commercial transaction is”?? CJ Gaffney

Brian J McMullin Solicitors
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Minister asked what is his definition of a “Failed Commercial Transaction”?

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