Pat Gallagher (Donegal South West, Fianna Fail)

I thank the 34 Members from all sides of the House who contributed to this debate. I compliment them on researching their contributions well and I know they are quite sincere in their remarks. This debate is very healthy. It would be fair to say that, more often than is regarded enough, there is not the same degree of interest in legislation pertaining to the fisheries sector as there is in other legislation. However, there has been great interest in this Bill. When I have an opportunity to consider suggested amendments in light of the various issues raised, it will possibly result in a better Bill.

Is one suggesting there is something wrong with members of the Fianna Fáil Party expressing views that might be somewhat contrary to the Bill? It is a broadly based party and its members have the same right to make a contribution and express their views as other Members. If they did not do so, they could stand accused in that regard also. Our members are not in straitjackets. I will listen to Opposition views as I will to the views of members of my own party. Many and varying views were expressed and I listened carefully to every contribution in the debate. I will try to reflect many of the views on Committee Stage, although little time is available to me.

When the Bill was first published and came before the Joint Committee on Communications, Marine and Natural Resources, many contributions were made from all sectors of the community, including producers, processors, the banking sector and the European Union. One contribution in particular laid great emphasis on administrative sanctions. I am a supporter of administrative sanctions for minor offences. However, as I pointed out in my initial contribution, I have a difficulty due to Article 34 of the Constitution, which states: "Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public".

This difficulty could be overcome if European regulations recommended administrative sanctions across the board. However, it is not enough for me to say I can do nothing. I must try to do something. Therefore, subject to further advice, I will propose further revised penalties for certain sea fisheries offences reflecting the varying sizes of sea fishing vessels. It will take some time to prepare these amendments, which will be substantial, but I will bring them before the joint committee during January next.

I am anxious that the penalty fits the crime. Neither I nor the Government wants to criminalise fishermen for offences which would normally be administrative or would attract on-the-spot fines. Hopefully, such offences can be dealt with by the District Court as summary offences. I support the introduction of administrative sanctions because that is the system which applies throughout most of Europe for dealing with minor offences.

An indication of my commitment to giving Deputies an opportunity to debate the Bill — there were 34 contributions on the Bill — was the agreement secured through the Whips to extend the time limit for Second Stage debate, which gave us four sessions in the Dáil. The Bill will only be improved as a result. I am not here to stonewall. If the Bill can be improved, I will try to achieve that.

Some Members questioned the necessity for the Bill. The core reason for its introduction related to the Browne and Kennedy cases, which went to the Supreme Court. That court questioned our ability to give effect to EU regulations, not just with regard to the Department of Communications, Marine and Natural Resources but across the board. The majority of the sections in the Bill consolidate the Acts of 1959 onwards, seven Acts in all. All the legislation will be consolidated in the Bill, when enacted, and the 2003 Act. This is the principle behind the Bill.

I will not waste the time of the House referring to the gun. The legislation has been in place since 1959 and many, including myself, were not aware of this aspect. However, as it has been brought to my attention, the relevant subsections will be deleted, which is accepted by all.

I referred to administrative sanctions. I am in favour of these in principle and will move halfway and deal with this matter by way of revised penalties. I will reconsider the proposed penalties and, without giving any detail to the House at this stage, I will propose amendments and will listen to the Opposition spokespersons, who I presume will also table amendments.

As this is the final week of the Dáil session, I will take the time remaining to me to refer to the all-important December Fisheries Council which will be held next week in Brussels, where the Council of Ministers will set the TAC and quotas for 2006. Notwithstanding the importance of the Bill, I assure the House that I will have a clear focus on the importance of securing a good outcome for fishermen at the December Council. Our hands are tied due to our signing up to the Common Fisheries Policy and we are all aware of the percentage of the TAC that constitutes our quota, which can be difficult. Nonetheless, I will do my utmost to secure the best deal for Irish fishermen. I am aware that the mackerel quota has already been set because it is a straddling stock — there will be an increase of 5%.

Since my reappointment to this office, I have maintained that given the reduction in quotas it is more essential than ever to manage the quotas available to us and to ensure that the catch can be landed over a prolonged period rather than having a rush to the line. We must sit down with the producers and processors in the industry to decide how best this can be achieved. We have been very successful with regard to mackerel. While all will admit that we do not have enough mackerel, we must maximise our position with regard to the quota. Given the reduced level of landings, we must ensure we secure a higher price for lower quantities.

Horse mackerel is an important pelagic stock. While we had a reasonable quota for this species in recent years, we did not manage it properly in that there was a rush to the line from the start of the year. By the end of the year, I hope to manage that stock. It would be unfair and unfeasible if I were to leave this until the beginning of next year when landings will have taken place. I will try to deal with the matter so that we can maximise with regard to that stock.

This time last year I dealt with an issue raised by many Deputies, particularly Opposition spokespersons, namely, the weighing of fish on the quayside and the problem of maintaining quality when mixed with water. Value for money was being lost. Processors were paying for water but were not receiving the required tonnage of fish. I have dealt with that issue. I hope that on 1 January the new system will give us a level playing pitch with Scotland, Norway and similar countries so that fish can be weighed in factories using a flow system prior to selecting and processing.

The fishing industry is an important one. While in national terms it perhaps does not compare favourably with other industries, the fishing industry is extremely important for peripheral regions, providing much needed jobs where there is no alternative source of employment.

I look forward to the debate on Committee Stage. It is a long Bill with 70 sections. While much of it is not contentious, I have stated on numerous occasions that I will be as practical, realistic and pragmatic as I can with regard to contentious sections. I will listen carefully in particular to the spokespersons of the Opposition. They have taken a very keen interest not just in this Bill but in all issues relating to the fishing industry. I will bring forward my suite of amendments regarding the substantive issues that have been raised.

The issue of seafood control was overlooked. I stated at the outset my wish for the body overseeing this to be independent, and to be seen to be independent, or at one remove from the Department. I am not in any way reflecting on the integrity of the person who may head this body, be it a person inside or outside the Department. The register of fishing boat licences is independent as a result of the 2003 Act and I understand it is working quite well.

I assure the Members that I was particularly pleased to have the opportunity to debate this Bill over a long period. As a result, I am sincere in my wish to work with the Opposition on amendments relating to major issues, such as sanctions and fines to be graduated or calibrated. In defence of my colleagues, it is unfair to criticise them because they have strong views. They have the same right to reflect these views as any other Member.

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