Tony Dempsey (Wexford, Fianna Fail)

The Green Party was not part of that. Sometimes the hand-wringing engaged in when in Opposition does not reflect the reality of the political scenario.

We are lucky to have Deputy Gallagher as Minister of State at the Department of Communications, Marine and Natural Resources with special responsibility for the marine. Unlike me, bhí seisean páirteach i saol na n-iascairí agus bhí sé ina iascaire é féin le fada an lá. The Minister was part of the fishing industry and grew up in it. There is no man better qualified to introduce this Bill with the sensitivity it demands. I thank him for coming to County Wexford on many occasions to talk to the scallop fishermen.

I empathise with the sentiments expressed by Deputy O'Shea on the salmon industry. The scallop industry was similarly affected. The scallop stocks could not be sustained as there were twice as many people fishing them as there should have been. Thanks to the Minister of State, he negotiated a decommissioning package for the scallop fishermen. While I am not long in politics, I do not believe decommissioning was available for fishermen before this. This is a scheme that many of my constituents are happy with and I look forward to the payments being made after 9 December.

This Bill is needed because of the Kennedy and Browne cases which underlined the basis for the legal implementation of fishing law. If these cases had never arisen, the Bill would still be necessary to stop foreign vessels taking a €1 million catch at a time. Overfishing must be combated. However, a distinction must be made between minor offences and those that threaten the very survival of the industry. From talking to many fishermen, many of whom are past pupils of mine, I note their serious and legitimate concerns about the Bill.

One concern relates to the need for balance. Fishermen do not want to be seen as common criminals. As for administrative sanctions such as on-the-spot fines for speeding on the roads, the Attorney General claims these cannot happen without further negotiation with the EU. Obviously, I want them to happen. There needs to be a distinction between summary minor offences and people who threaten the very survival of the industry. The depletion of fishing stocks and the clarification of fishing law will be dealt with by the Bill, thereby ensuring the preservation of the industry.

I was amazed to discover the provision allowing the Naval Service to fire on fishing vessels has been part of Irish law since 1959. Listening to Members, who have been in politics for a long time, decrying this, I was amazed some did not notice it before. The provision has been in place since 1959 and sincerity demands that Members are honest when dealing with the Bill's provisions. Thanks to the sensitivity of both the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey and the Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Gallagher, this will be removed from the Bill, meaning the Naval Service will not fire on Irish fishing vessels.

The confiscation of fishing gear causes some problems of morality for me. I am reminded of the archbishop who said: "Give me a fish and you feed me today; teach me to fish and you feed me for life." If fishing gear is taken away from a fisherman, the victim becomes a burden on the State rather than a hard-working individual plying his trade. I have concerns about this but I know the Minister of State will examine the case with sensitivity. Tá sé an-tábhachtach go dtabharfadh mé faoi deara na sóirt coireanna atá i gceist. It is essential that we examine the nature of the crimes and that the Bill addresses minor offences.

The physical hardships experienced by fishermen are reflected in the stories of Tomás ÓCriomhthain, Peig Sayers or Fiche Blian ag Fás. It is an industry that was ignored when we joined the EEC and ignored further in 1983 with negotiation of the Common Fisheries Policy. I recall teaching economic geography to leaving certificate students whose future was in the fishing industry. While many, owing to economic necessity, did not go on to take the leaving certificate, those who did would always take issue with the Common Fisheries Policy.

The Bill offers an opportunity to restore morale to fishermen and their families. It will allow the implementation of laws where the punishment fits the crime and protects the non-offenders against the small number of offenders. Balance is what it is about. Táim cinnte go dtuigeann an t-Aire Stáit go maith na deacrachtaí a bhaineann le saol an iascaire agus go ndéanfaidh sé a dhícheall chun iad a thabairt faoi deara sa Bhille.

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