Pat Gallagher (Donegal South West, Fianna Fail)

In the case of sea fisheries, I am advised that the State would face the problem that the required level of sanction would trespass on the exclusive role of the courts in the administration of justice, thus exposing the administrative system to legal challenge. There would be no protection arising from Article 29.4.10° of the Constitution. From a legal perspective, to adopt a system of administrative penalties without being obliged to do so by EU legislation would, I am advised, render any measure vulnerable to legal challenge. This is why I say I will actively try to ensure the existence of a level playing field across the Union regarding the imposition of administrative penalties for minor sea fishery offences. These are not idle words — I will certainly pursue that objective while I am in this Department.

I agree that the fines in some member states are not adequate. However, in other member states the fines imposed are higher than those in Ireland. In most member states, the number of fines is far greater than in Ireland.

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