Séamus Kirk (Louth, Fianna Fail)

I compliment the Minister of State at the Department of Communications, Marine and Natural Resources on his commitment to the fishing industry, not just during his term in Dáil Éireann but also in Brussels and Strasbourg where he represented the people of Connacht-Ulster with such distinction.

The Bill's primary purpose is to modernise the legislative framework for sea fisheries. The principal Act in place was adopted in the mid-20th century and was subject to several amendments. It was designed for a sea fishing industry which primarily involved short trips by small boats. However, the sea fishing industry has changed 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. These boats often land their catches in Ireland. Many Members are familiar with the number of French vessels which land at Killybegs and Castletownbere.

The industry is now substantially regulated at EU level through the Common Fisheries Policy. In addition, the Bill is designed to fill a major gap in the Fisheries Acts 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 to these realities and to modernise our systems and structures so that best practice in fisheries management and control is implemented.

While the Bill represents a sound basis for progress, it needs further work. I am confident that the Minister of State will take these views on board before enactment. The regulation of the fishing industry in Ireland must accommodate the small vessel as well as the large fish processing boats that fish in European waters. In this regard, I suggest several changes to the legislation.

The Bill must provide for administrative and graded sanctions and decriminalise fisheries 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 in its entirety as it is only a mechanism for resolving an internal Department of Communications, Marine and Natural Resources management issue. It will add little or nothing to providing improved control and enforcement, lacks accountability and undermines and sidelines the role of the Minister. Should such a position be necessary, a fully independent office of seafood control regulator should be established with appropriate appeals mechanisms.

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 major fisheries should attract serious penalties. There is no reason a 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 discussed.

The provision on the use of firearms against fishing vessels must be deleted. Emotions can run high on the seas and tense situations might only be inflamed by the use of firearms. In society as a whole we condemn the use and prevalence of firearms. Surely, therefore, we should try to curtail the prevalence of firearms rather than legislating for their use on fishing vessels.

Listening to the debate one cannot but draw the obvious parallels between the fishing and agriculture industries, both of which are an integral part of the food production system in Ireland and the European Union as a whole. The changes which have taken place in both sectors since we joined the European Economic Community in the early 1970s have been seismic and phenomenal. One of the primary reasons for the establishment of the Common Agricultural Policy was security of food supply.

Time and tide wait for no man but I am certain the Bill endeavours to reflect one consideration, namely, that if over-fishing continues across European Union waters, the ultimate outcome will be the demise of the fishing industry. It is vital that we retain this integral part of our food supply chain and if intensive protection measures are required over a specific period, so be it. It is essential that those who have invested in the industry overcome the current temporary difficulty and have a viable industry in the long term, not only to ensure the supply of food for the Irish and European markets but also to support and sustain those who work in the industry.

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