Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

I welcome the members of SFPA. Is it expected that this new system will run concurrently with or in addition to the current criminal sanctions in place? The European Commission wants to move towards a more even system across the EU and this is probably a step in that direction with Ireland going down that road. Ireland is probably one of the only European countries, particularly the maritime jurisdictions, which relies predominantly on criminal as opposed to administrative sanctions. Spain and Portugal use predominantly administrative sanctions. Spain is one of the biggest fishing communities in the EU. The Minister acknowledged in the Seanad that there is a Bill which might be incorporated into new legislation. Has there been any discussion between the authority and the Department officials on the drafting of that legislation?

Has SFPA any view on whether it will be more advantageous given the new penalty points system in place across Europe and whether Ireland should follow quickly by bringing in legislation to have a layer of medium level, administrative sanctions rather than a sea-fisheries protection officer going out? The sea fisheries protection officer can issue a warning but is precluded from issuing an on-the-spot fine. The case must ultimately go to court, even for a relatively minor infraction. Then there is the additional consequence of the gear and the catch being confiscated. There are additional penalties and the court fine. The District Court can deal with only certain cases because it depends on the catch and the gear, and it clogs up the court system. There is a multitude of issues.

There is a need to be very harsh and severe on serious fishing infractions because it is a natural resource and if there are vessels out there that are flouting the law they must be dealt with aggressively. However, there are relatively minor offences such as having a few extra boxes of fish on board and markings not being right, and they are referred to in this statutory instrument. What is SFPA's view on that?

The witnesses may not have with them today figures on the number of confiscations and infractions dealt with by the Sea Fisheries Protection Authority in 2012 and 2013. Perhaps they did not expect this question. If the information is not available perhaps it can be passed on to the committee later. Would the witnesses foresee more buy-in from fishermen if a medium layer existed?