Bertie Ahern (Dublin Central, Fianna Fail)

This Bill was ready for publication before the summer recess last year. However, the committee and the industry wanted to give their views on it and the Minister held it over until the autumn. In the autumn, because of the strong views held by Members, it was held over to January. We have now reached the end of February. The Bill has received a long airing and much discussion.

In reply to Deputy Kenny, whenever information of wrong-doing or criminality was reported, it was reported to the Garda Síochána straight away.

Fishery offences have been the subject of criminal law for 46 years, since 1959. The Bill simply reiterates that long-standing position. Some Deputies have called for a system of administrative sanctions to be introduced for fishery offences. That matter has been repeatedly considered by the Attorney General, who consistently advises that while administrative penalties are permissible under Irish constitutional law they are only appropriate and suitable for technical breaches of law, such as the delivery of tax returns on time. The Attorney General advised they were inappropriate for situations involving fraud and falsification of documents, as such conduct is inherently criminal and must therefore be disposed of through the courts system, which administers justice under the Constitution.

Some Members proposed amendments on Committee Stage. The Minister has taken aboard many of these amendments. On Report Stage, the Minister will give his views on how he believes this can be progressed. That should help the situation. We have been repeatedly advised that we must pass this Bill. Currently we are unable to prosecute many serious offences detected. We are not able to manage the fisheries or generally meet the State's legal obligations under European Union law. On Monday, the Minister met Commissioner Borg to discuss illegal fishing. We must address some serious issues. The Minister will examine some of these issues today in the context of the progress he is trying to make. It is important that we bring this to a conclusion.

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