Dáil debates

Thursday, 1 December 2005

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage (Resumed).

 

11:00 am

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)

I thank the Ceann Comhairle. I welcome the fact the Leader of the Opposition is so interested in my contribution that he is staying to listen. I appreciate that.

Last week during this debate a number of colleagues talked about the tragedy of the Pisces and the effect this had on the community in Wexford. This week the wider community is deeply affected by the loss of the Rising Sun. We have all watched with horror that story unfolding during the week, and the loss of the fishermen, Mr. Pat Colfer and Mr. Jimmy Meyler. I wish their colleague, Mr. Ian Tierney, well in his recovery. Our hearts go out to all the families and the community in Kilmore Quay and the wider area of County Wexford. I offer my deepest sympathies as do my colleagues.

Those of us who have come through the bad weather in Dublin this morning can only imagine what it is like out on the seas. We have heard many accounts this week of the bravery of the coast guard and naval services as well as the lifeboat in Kilmore Quay. As someone who represents a largely urban area, I still have a great feel for the sea. I have said on other occasions that my paternal grandfather died at sea. It is good that we should applaud the efforts being made and I hope the Minister of State will take note of that.

I made a number of comments last week in terms of this legislation in my roles both as public representative and consumer. I think the Ceann Comhairle will agree as to the merits of eating fish. When I did the cardiac rehabilitation course at Tallaght hospital, the emphasis was very much on healthy eating. Fish was high on the agenda and I am always happy to stress its importance in our diet. I am sure the Minister of State, Deputy Gallagher, will understand my interest in that regard. The main purpose of the Bill is to revise and amend the existing body of legislation relating to marine matters, particularly sea fisheries. It would be reasonable, therefore, to assume the legislation to be revised has been given careful consideration, and I have put that on the record.

One section of the Bill deals with the whole question of firearms and their use. I am glad that the use of firearms has been eliminated. The Naval Service has laid down strict standard operational procedures as to when a naval vessel may open fire on another boat. That is not what the section appeared to be saying and I am glad of the Minister of State's intervention in that regard. It is important to point out that only the Minister may give that particular directive. The subsection specifically mentions the power in the context of an order from a sea fisheries protection officer. We are rightly proud of the Defence Forces and we do not expect them or the Garda to be instructed to open fire on salmon poachers. The guns on our naval vessels must be seen as quite powerful. If they were fired at a fishing boat, they would have a devastating effect. I consider their use in circumstances where a fishing vessel may be illegally fishing to be an extreme provision.

The subsection refers to the use of a gun to fire a signal, so I presume this means firing blank ammunition. I suggest that fire star shell flares could be fired. I do not suggest that the Naval Service would be happy to open fire. I have every confidence in its ability to judge the situation in which it finds itself and take the appropriate action. The legislation could be clearer in this respect so I applaud the Minister of State's efforts to this end.

I acknowledge the presence of my colleague, Deputy Walsh, the former Minister for Agriculture and Food, who shares an office block with me. I have never had the opportunity of publicly applauding the efforts he made over the years. Even though I represent a major urban area such as Tallaght, there is also a rural community in my constituency in Bohernabreena and Brittas. Deputy Walsh did much for those areas and I am happy to acknowledge that.

Section 25 deals with assaults on sea fishery officers and provides that the person who assaults the officer may be fined up to €5,000 or serve a prison sentence of a maximum of five years. It rightly does not mention opening fire on the person with guns. Assaulting a sea fisheries protection officer is a much more serious offence than poaching. I hope no one asks me about my attitude to poaching as I believe it is quite law abiding. I am happy to support the Minister of State in his efforts to pass this Bill.

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