Martin Ferris (Kerry North, Sinn Fein)

I wish to speak on my amendments Nos. 40 to 42, inclusive, and amendments Nos. 46, 47 and 51. Since I have been involved politically at electoral level from 1999, the two main issues I have encountered in my constituency are the nitrates directive and its impact on farmers and this Bill and its impact on the future livelihood of fishermen.

I record the enormous hurt experienced within fishing communities as a result of the innuendo of criminality surrounding fishing communities, which many people believe was deliberately contrived. I refer in particular to newspaper articles prior to the Committee Stage debate. I have never seen people as disillusioned or morale as low in our fishing communities as a result of what is ongoing. With the decline in income from the industry and the rise in fuel costs, the cost of gear, of replacing parts and of upgrading and repairs, the industry is in a state of massive decline. I speak not on behalf of the big super trawlers in this State but predominantly on behalf of the ordinary, genuine, decent hardworking fisherman or woman who braves the elements to go out on a daily basis to try to make a living from fishing.

Allegations were made on Committee Stage regarding the illegal landing of more than €1 million worth of fish and the innuendo was that Irish trawlers were involved in that landing. If that happened, I have not heard of it. Nor do I know of anybody in the fishing community who has heard of it. An innuendo was also made that Irish trawlers were involved in the landing of fish in Scotland. I have spoken to representatives of the fishing organisations on this matter and there is no record of that.

All these allegations appearing in the press at a convenient time, and deliberately so, to generate suspicions among the public surrounding fishing communities has greatly hurt people. This has been particularly damaging to Government Deputies representing those communities. I refer to west Cork, Donegal, Galway, south Kerry in particular, the south east coast and all other coastal areas. Deputies representing those areas are trying as best they can to reflect the concerns and the fears of their communities against what appears to be a hopeless endeavour, judging by the evidence emerging from the debate so far. Irrespective of the debate, it appears this Bill will go through without any real changes to it that would address the concerns of people involved directly and indirectly in the fishing industry.

The amendments to which I speak primarily concern administrative procedures to address mistakes made by fishermen, such as being over quota, making an error in the log book or drifting unintentionally into restricted areas. They provide for a mechanism to ensure that genuine mistakes do not lead to fishermen being labelled as criminals.

I have a close association with fishing organisations, and men and women involved in the industry, and know that 99% of them are decent people trying to do their best. No one on these benches suggests that 100% of them are compliant. There are some who flout the law for greed and damage their communities and fellow fishermen. They are, however, few in number but should be taken out of the industry. They damage the stocks and seem to care even less about the future of their children who might become involved in the industry. They damage their communities and the country but they are only a few.

It is folly for the Minister to proceed with criminal sanctions against the entire industry. It is wrong that people who make mistakes will have criminal convictions. We on this side of the House would fail in our duty if we did not take this into account and advocate administrative sanctions. It is seldom that everyone takes the same view but we are in direct consultation with the communities involved and debate this with them.

I agree with Deputy Eamon Ryan that fish stocks must be conserved to protect our future. I am well acquainted with two conservation practices in my area, one being the notching of lobsters between Kerry Head and Bandon Head. This is a loose agreement between the fishermen to notch the female and undersized lobsters.

The fishermen police the activity and note if anybody catches these lobsters. That should be taken into account. Where there is a level playing pitch for all concerned on which almost 100% of people are honest, the fishermen will police the transgressors. I have seen it work in respect of one individual who took female and undersized lobsters. The lobsters were taken from him, he was reported to the authorities and is no longer fishing. The fishermen, not draconian laws, achieved that.

An oyster fishery in Fenit Harbour was closed down 25 years ago because of unrestricted taking of undersized oysters. The formation of a co-operative society has saved this business which is now thriving and managed with a significant input from those involved in the industry.

The Minister seems intent on pushing this Bill through almost as it is drafted. This will effectively marginalise and isolate the fishermen. The Minister disregards their concerns and is imposing a measure on them that will criminalise their community. It will have the opposite effect to that intended.

All the Deputies on this side of the House, and many on the Government backbenches, wish to see a fair system taking into account the concerns of those actively involved in the industry, to protect their future and give them something to leave to their children. Conservation is central to that aim. On Committee Stage the Minister said he had seen nothing that would change his mind regarding administrative sanctions. These are not unconstitutional. They will be imposed in the United Kingdom, and most European states are applying the same mechanism. We choose to be different but at what cost?

The Minister does not have a feeling for what it means to live in a rural coastal community. I do not say this as an insult but because the Minister is from a midlands county in which it is almost impossible to have a grasp of these issues.

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