Pádraic McCormack (Galway West, Fine Gael)

I will not be fooled by the spring in the step of Deputy O'Donovan or any other seaside Deputy just because the Bill will not be rushed through the Houses before Christmas. There is still no change and the Bill will still be passed. We would not be discussing the Bill if it were not to be enacted. As the Government has a majority, I presume it will go through.

I cannot understand the logic of the Government. The Bill is the opposite of what is needed and the Government does not seem to know what it is doing on fisheries policy. Rather than having a fresh partnership approach to the management of fish stocks around the coast, this Bill is simply a mixture of extreme and over the top measures which will serve no purpose other than to drive a deeper wedge between the fishing industry and the legislators who are supposed to be working for the good of everyone. The Bill is certainly not the answer and it is a wasted opportunity to improve the fishing industry. Movements within the industry have been crying out for change over the years. I cannot believe that there is a section in the Bill which provides for the use of firearms against fishing vessels. The Minister of State has agreed to withdraw that, but it is hard to imagine the Naval Service firing at or into a boat.

Fine Gael has often spoken out against the high levels of fines imposed on Irish fishermen in comparison with the EU average. I call on the Minister of State to decriminalise minor fishing offences. The Bill represents an ideal opportunity to introduce such a change. The following changes should be made in this Bill. It must provide for administrative and graded sanctions. It must also decriminalise fisheries offences. According to published EU data, 86% of all EU fisheries offences are now dealt with by way of administrative action. Why are we not acting in this way? I cannot understand that.

The section relating to 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 lacks accountability and sidelines the role of the Minister. Instead, a fully independent office should be established.

The automatic confiscation of catching gear must be changed to allow the issue to be decided at the discretion of the courts. This provision only applies to Irish vessels and that is particularly appalling. The fines and penalties in the Bill lack proportionality and must be reduced and changed. We need to enforce the principle that serious fishing offences attract serious penalties, but we must not push for harsh penalties for minor offences. Such a position will not be of benefit to anybody involved in the industry.

There is something very strange about this Bill. There seemed to be a great rush to get it through the Houses before Christmas, which has eased following talks with the Whips. I am always suspicious of legislation that is rushed. I was in this House when the famous rod licence Bill was rushed through Parliament. The Fianna Fáil Government of the day spent two years trying to defend the rod licence Bill, but it eventually had to be scrapped as it divided communities and was a serious misjudgment of legislation. Another example of rushed legislation occurred last year when the Tánaiste tried to push through the nursing home charges Bill before Christmas last year only to find out in January that it was unconstitutional. Rushed legislation is bad legislation.

I have not seen such opposition to a Bill since the rod licence legislation. Even Government Members have expressed opposition to it. Deputy O'Flynn, who is Chairman of the Joint Committee on Communications, Marine and Natural Resources, expressed his opposition, as did Deputy O'Donovan who is from a constituency with fishing interests. How will they vote on Second Stage? Rumours have been circulating that the Minister of State, Deputy Gallagher, is against the Bill. How could a Minister of State come before the Dáil to push a Bill through the House and pretend that he is against it? He should clarify his position. You cannot be in Opposition in Donegal and in Government in Dublin. It would be much better to be in Government in Donegal and to be in the Opposition in Dublin if you are serious about being against this Bill.

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