Joe Walsh (Cork South West, Fianna Fail)

I have always encouraged officials to find reasonable solutions in a reasonable atmosphere. Unfortunately, in this case we are being given all the reasons that we cannot do something as opposed to why we can. Finding obstacles rather than a resolution appears to be the attitude.

We must also ask if it is an appropriate use of court time to clog up the courts with minor offences to do with log books and so forth. We should not use the courts. I agree with the views of other Members on all sides of the House who said we should treat many of these minor offences as administrative matters. It does not make sense to put fishermen with relatively minor log book offences, for example, side by side in court with drug dealers and other hardened criminals. If this is the way we treat hard working people in a difficult industry, I do not believe we have a vision for a modern fishery industry. We must ask ourselves if it is a priority to develop this natural resource industry. At the very minimum, there should be a differentiation between major and minor offences.

I have severe difficulties with the detail of the Bill. In light of what I have said, it is essential that the Bill decriminalise the majority of fishery offences. Only serious fishery infringements should attract criminal proceedings. The Bill contains no provision for the decriminalisation of minor fishery offences and this runs contrary to the European system of dealing with such offences where 86% of them are dealt with administratively. We will get legal advice that we should not deal with them administratively and that the court system should deal with them. What other advice would one get from a legal person other than that things should be dealt with in the legal system? It is part of the old boys' club.

The European Commission representative at the recent JIC hearing stated that the Commission favours administrative sanctions over criminal proceedings. Why are they not included in the proposed legislation? There is no European impediment and surely we are capable of overcoming any domestic impediments. If a system is good enough for almost 90% of Europe, it can be applied in Ireland. One example I have been made aware of is that of Denmark where, if a vessel commits an offence at sea, it is handed a ticket by the navy and must return to port. The navy can continue to patrol the seas rather than escorting the vessel to port, as happens in Ireland. When the offending vessel arrives in port it must tie up for a period. This appears to be a sensible approach. It is dissuasive for the vessel, preserves the quota and does not use valuable naval and court resources. I am sure that if we examine the methods of control being practised by our EU neighbours, we will find a reasonable alternative. What we are seeking here is fairness and reasonableness and less of the jackboot attitude.

The second major issue I have with this Bill is the automatic confiscation of gear and catch for Irish vessels. If in other professions the means of livelihood were confiscated, the economy would not work. In a democracy it is an outrage. I cannot fathom it. As legislators, we cannot preside over this two tier approach any longer. It is time to address it and this Bill provides us with the opportunity to do so. I am glad the guillotine has been removed from debate on this legislation and that an opportunity will be provided for debate on Committee Stage. Even if one is not a member of an Oireachtas committee, one can attend and contribute to the meeting. There is also a public gallery in the committee rooms.

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