Dáil debates

Wednesday, 14 December 2005

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

 

12:00 pm

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)

I will share time with Deputy Ring. I am delighted to have the opportunity to speak on this Bill. I have listened to the various speakers on this issue over the past weeks and am fascinated by what has happened with regard to this Bill. As one who had the experience of introducing new legislation, when I was fortunate enough to be a junior Minister in the mid-1990s, I am amazed by what has happened with this Bill. The procedure has been quite extraordinary.

I remember that when I introduced legislation, it was new and without precedent. I had to go through the procedures with two civil servants in the Department and with the draftsman. Every part of that Bill had to be considered. The heads were agreed by Government and the provisions were agreed by me and the Government. In this case, I find it extraordinary that speaker after speaker from the Government side has come into the House to criticise a Government Bill, which is entirely unprecedented. I do not know whether analysts are looking at this, but it would certainly be a very interesting exercise.

I have great admiration for the Minister of State, Deputy Gallagher, whom I have known since I became a Member. He has always been friendly to me, but the word is about — I do not know whether it is true and I do not believe everything I hear — that he is also against this Bill. That is even more extraordinary than the criticisms by other Members on the Government side.

Members are making one point in the House and a different point to the fishermen in their constituencies to keep them happy. In this case, it could be said the Government side of the House has expressed the view that it is not in favour of the Bill. I was amazed to hear the view of former Minister, Deputy Walsh, who introduced several Bills in the House. He is very familiar with how legislation is formed and is emphatically against this Bill. He made a major statement in this regard, which was taken up by the media, and he is one of the few people who were quoted in respect of the legislation. He took an extraordinarily hard stand against it. Politically, the Bill represents a major departure and a new way of doing business in this House. It represents a new type of opposition, by Members on the Government side, to legislation.

The Bill affords us an opportunity to consider fishing policy, of which there is need for a major review. Many reports are issued in this regard but they are sectoral and do not include a major debate. Various interest groups are not consulted and this is what results in sectoral reports. There is no doubt that there is great need for a major debate on issues such as conservation, life protection and fisheries development.

Let me refer to the issue of salmon stocks. I have spent all my life living near the River Feale in County Kerry, which flows right by my village, Finuge, and the town of Listowel. As a young person, I fished on that river, as did hundreds of fishermen, both locals and visitors. The river was a major source of wealth to the local economy, probably for 50 years, but now there are very few people fishing on it, for recreation or otherwise, because the stock level is simply too low. It is really important that major salmon initiatives are introduced. Deputy Perry will introduce a policy in this area in the new year.

I find it difficult to understand why the scientific advice on salmon stocks has been ignored consistently. This was the case even last year when the quota was set at a figure 40% higher than that recommended. If that is not an effort to destroy the salmon stocks, I do not know what is.

The Maritime Institute of Ireland, the Central Fisheries Board, the relevant international agencies and the tourism boards have called for a change to the way in which salmon stocks are managed. The common factor in all scientific advice is the call for a decrease in the number who use commercial nets to fish for salmon.

I am the Fine Gael spokesman on tourism and in this capacity I note that the number of game angling tourists, who fished on the River Feale, drank in the local bar, the Angler's Rest, and stayed in the Listowel Arms Hotel, has declined in recent years. In 1999, 54,000 game angling tourists came to Ireland, but this figure has reduced to 27,000 by this year. The contribution to GNP of salmon angling declined by 52% since 1986, that is, from €28.6 million to €13.6 million. This is a considerable decline in income for small rural communities, in whose localities the game angling rivers are generally located. The fall in numbers has led to the closure of facilities, including guesthouses, and a decline in the business of bars and restaurants. This is a major issue and it is simply not being addressed or fully understood.

I, like all my colleagues, oppose this Bill. It may have a few welcome aspects and in this regard I certainly welcome the section that enshrines in Irish law the part of the United Nations Convention on the Law of the Sea extending Irish jurisdiction over the waters around our coasts.

On the issue of protection, we cannot have people drifting around the sea and plundering and pillaging our fish stocks with no thought for the common good, the need for sustainable exploitation rates and the need to maintain the quality and biodiversity of our marine environment. Although I agree with this I do not believe it can be achieved through this legislation. Although Committee Stage of the Bill is to be taken after Christmas, I advise strongly that it be withdrawn following consultation.

The urgency of this Bill has arisen from the two cases in Kerry that were taken to the Supreme Court. They occurred two years ago but the skies have not fallen in since then. There have been many prosecutions in the meantime and therefore I see no reason for this very tough approach.

I am from a coastal constituency with a large number of small and medium-sized fishing enterprises, including individuals. Fishing is very important to the fabric of life in a county such as Kerry, which has 300 miles of coastline. I am very conscious that the sanctions proposed in this Bill, if enacted, will be imposed on the smallest vessels in my area in addition to the largest ones. There will be as many small operators who will be affected as large operators.

The Minister contends it is constitutionally impossible to have in place a system of administrative sanctions as an alternative to purely criminal sanctions, the strength of which has been increased in this Bill. My colleague Deputy Jim O'Keeffe referred to this in his contribution last week. Similar examples arise in respect of road traffic offences and I am sure that, in the case of sanctions, they cannot be referred to this Bill also.

I join Members of the European Parliament, Deputies on the Government side and Deputies on this side of the House, including Deputy Perry, in appealing to the Minister of State to withdraw the Bill and allow for the consultation demanded by many people. If he does so, we will, I hope, get the legislation right collectively.

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