Dáil debates
Thursday, 17 November 2005
Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage.
12:00 pm
John Perry (Sligo-Leitrim, Fine Gael)
Fine Gael in Government will repeal this Bill, which proposes to categorise as criminals fishermen and those working in a key traditional industry, and imposes a range of fines which are punitive and vindictive and come on top of a range of fines which are already the highest in the EU. This is our commitment.
A serious debate on the future direction of our fishing industry is long overdue in this House. The total failure of the Common Fisheries Policy at European level, the need for root and branch reform and the gross lack of support by this Government for the sector are issues that must be highlighted. A clear, defined national strategy to optimise the benefits of one of our most significant natural resources was never more needed. The Bill is the opposite of what is needed from a Government which is disinterested, in disarray and at loggerheads with itself as to fisheries policy. Rather than championing a fresh partnership approach to the management of the fish stocks around our coast, the Bill is simply an appalling mishmash of extreme and authoritarian measures which serve no purpose other than to drive a deeper wedge between the fishing industry and the custodians of the common good. I am astonished the Minister of State, Deputy Gallagher, has the gall to present this Bill in its present form. It is well known he has the most serious reservations about many aspects of it. Does the Minister of State support this Bill as it is proposed to be enacted? This House and the fishing industry is entitled to know. Who is in charge of fisheries policy? Is it the Minister of State, who has been frogmarched into this Chamber by his senior Minister, Deputy Noel Dempsey? We know this Bill has been re-introduced at the Minister's insistence. Has Deputy Noel Dempsey revoked the powers delegated to his Minister of State?
There seems to be a peculiar form of guerrilla warfare ongoing between the two of them. Or is it the Secretary General of the Department, Mr. Tuohy, who is in charge? He has certainly led the charge to have this Bill enacted, judging by a letter from him to the joint committee, dated 18 October last. We deserve an explanation. In the meantime I remind all three gentlemen that it is the prerogative of the Oireachtas to legislate and nobody else. We intend to oppose this Bill trenchantly at every turn, and not because we are not in favour of strong controls on fishing. We strongly support appropriate measures to conserve our depleted fish stocks. Such measures are essential if we are to confront one of the major environmental challenges of our time. We do not support or condone illegal fishing activity in any form and such behaviour must be tackled vigorously.
This Bill is patently not the answer, however. It is a wasted opportunity on the part of the Government to bring change to the fishing industry. Movements within the industry have been crying out for change for a number of years. I have spoken out in the past against the high level of fines imposed on Irish fishermen, in comparison with the EU average. I have also called on the Minister of State to decriminalise minor fishery offences. This Bill was an ideal opportunity to introduce such change. The following changes must be made to this Bill. It must provide for administrative and graded sanctions and it must decriminalise fisheries offences. According to published EU data, 86% of all EU fisheries offences are now dealt with by way of administrative sanctions. Why we are not acting in the same way defies logic.
The section relating to the seafood manager should be deleted in its entirety. This move will not improve control and enforcement. As laid out in this Bill the seafood manager proposals lack accountability and undermine and sideline the role of the Minister. Instead, a fully independent office should be established. The automatic confiscation of catch and gear must be changed to allow the issue to be decided at the discretion of the courts. What is particularly appalling about this provision is that it only applies to Irish vessels. The fines and penalties detailed in the Bill lack proportionality and must be reduced and changed. We need to enforce the principle that serious fisheries offences attract serious penalties. However, we must not push overly harsh penalties onto minor offences. Such a position will not be of benefit to anyone involved. Finally, the provision on the use of firearms against fishing vessels must be totally deleted from the Bill. It is quite extraordinary that it was ever included in the first place. This provision is very much out of date. To have the Naval Service firing onto fishing vessels could produce a serious tragedy. I was absolutely astonished when——
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