Pat Gallagher (Donegal South West, Fianna Fail)

The industry has made a strong case for the introduction of administrative penalties and sanctions. This was debated at length at the hearing at the Joint Committee on Communications, Marine and Natural Resources. While the introduction of such a system would have certain advantages, particularly the potential to deal speedily with offences, I am advised there are substantial legal issues arising in the implementation of such a system. In the case of most fisheries offences, the EU Common Fisheries Policy requires that the penalties must be deterrent and dissuasive and must involve depriving the wrongdoer of the benefit of his or her actions. Mandatory forfeitures are necessary to ensure the State complies with its obligations. The fines and forfeitures, therefore, are at a substantial level and I am advised that under the Irish legal system such penalties would be applied only to acts that were criminal in nature and therefore could only be administered by the courts by virtue of Article 34 of the Constitution, which provides that "Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public." In the circumstances, a defendant is entitled to have the matter dealt with in open court with the full protections of the law and a jury trial, when faced with a potential penalty above certain limits.

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