Ollie Wilkinson (Waterford, Fianna Fail)

I come from Waterford, the historically famous port of Helvick and Dunmore East, adjacent to the Celtic Sea and a rich fishing ground. As we examine the fishing industry, it bears a resemblance to the agriculture industry in that it is difficult to attract young people to it. We realise the great danger associated with this hazardous occupation but I wonder if this is factored into legislation. In monetary terms this is a small but important industry. God be with the days when fish on Friday was set in stone. As in many other areas, change is prevalent in the fishing industry.

I compliment Deputies Martin Brady and Denis O'Donovan, who know the fishing industry well, on their contributions and the concerns they have raised. Why is the enactment of this Bill urgent? Two judgments of the Supreme Court, the Browne judgment of 2003 and the Kennedy judgment of 2005, have undermined the legal basis for implementing fishery law under the current Acts. The Commission is monitoring Ireland's performance on control and is likely to pursue the State in the European Court if we do not take action. This could result in financial penalties being imposed on the State, to be paid by taxpayers. France was recently fined €2 million, with a continuing fine of €57 million, in respect of enforcement failures.

Many concerns exist about this Bill, mainly that the current fine structures should be replaced by administrative sanctions. Fines are too high and an independent control agency should be set up. The Navy should not have the power to fire at fishing boats and there is unequal treatment of Irish and foreign boats in the Bill. Attempts should be made to take these concerns on board. I compliment the Minister of State on his commitment to the fishing industry, not only in Dáil Éireann but also in Brussels and Strasbourg, where he represented the people of Connaught-Ulster with distinction. We are very lucky to have a man with his great knowledge of fishing handling this situation.

The primary purpose of this Bill is to modernise the legislative framework for sea fisheries. The principal Act currently in place was adopted in the mid-20th century and was subject to a number of amendments. It was designed for a sea fishing industry that primarily involved short trips by small Irish boats. The sea fishing industry has changed almost beyond recognition since then, in terms of the size of the fleet. It now includes many multi-million euro businesses with large Irish boats operating in far away regions and large non-Irish boats fishing in Irish waters. The latter often land their catches in Ireland and many Members will be familiar with the number of French vessels landing in Killybegs and Castletownbere.

The industry is now substantially regulated at EU level, through the Common Fisheries Policy. In that context, the Bill is designed to fill a major gap in the Fisheries Act regarding the implementation of the EU common fisheries policy, following litigation which resulted in the impugning by the Supreme Court of certain secondary legislation for lack of cover in the current Acts. It is necessary to amend the legal framework to have regard for these realities and to modernise our systems and structures so that best practice in fishery management and control is implemented. The Bill represents a sound basis for progress. However it needs further work and I am confident the Minister of State will take my views and concerns on board before enactment.

The regulation of the fishing industry must accommodate the small vessel as well as the enormous fish-processing boats that fish European waters. In this regard, I suggest a number of changes to the Bill. It must provide for administrative and graded sanctions and decriminalise fishery offences. According to EU data, 86% of all EU fisheries offences are now dealt with by way of administrative sanctions.

The section relating to the seafood manager should be deleted as it is only a mechanism for resolving an internal Department of Communications, Marine and Natural Resources management issue, adds little or nothing to the provision of improved control and enforcement, lacks accountability and undermines and sidelines the role of the Minister. Should such a position be necessary, then a fully independent officer of a seafood control regulator should be established, with an appropriate appeals mechanism.

The automatic confiscation of catch and gear, which only applies to Irish vessels, must be changed to allow the issue to be decided at the discretion of the courts. The fines and penalties detailed in the Bill lack proportionality and must be reduced and changed. The underlining principle must be that only serious fisheries offences attract serious penalties. There is no reason the small fisherman should be put out of business because of a once-off indiscretion. Proportionality must be borne in mind when the issue of fines and penalties is being discussed.

The provision on the use of firearms against fishing vessels must be deleted. In recent months we have seen what happens when firearms are used to solve disputes. We have spent more than 30 years, and some would say a great deal longer, trying to take firearms off the scene in Ireland, for many reasons. Great progress has been made and the use of firearms against fishing vessels should be deleted from the Bill. Emotions run high on the seas and tense situations might only be inflamed by the use of firearms. In society, we condemn the use and prevalence of firearms. We should try to curtail the prevalence of firearms rather than legislating for their use on fishing vessels.

I ask the Minister of State to take on board my views and concerns. I am very grateful for the opportunity to comment on the Sea-Fisheries and Maritime Jurisdiction Bill.

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