Dáil debates

Wednesday, 22 February 2006

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

 

5:00 pm

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)

In Deputy O'Donovan's contribution he spoke about trying to refine and differentiate the levels of fines. He suggested making a distinction in respect of the confiscation of catch and gear, which I am examining. If possible, I will try to do something with the indulgence of the House. It is a sensible approach to lesser offences. In the Bill, we have differentiated and given the power to go to the District Court.

Deputies O'Donovan and Keaveney made a reasonable case about differentiating more and removing the compulsory element of the confiscation of catch and gear when the incident is before the District Court. If I do this, it will be on the basis that the measure will only apply to first offences. In that case, anyone caught would be treated reasonably leniently. If the person offends again, the full rigour of the law should be applied. We are working on an amendment that might address the Deputies' points in that regard.

None of the Fianna Fáil backbenchers has come crying to me to adopt the United Kingdom's system of administrative fines. The UK is discussing administrative sanctions for minor offences only. They will not address illegal fishing where the financial benefit is over £1,000. Many such offences here are dealt with on an unofficial and, as it were, administrative basis by means of warning letters stating people had been caught.

We will have a long and hard debate in the House if Members want me to introduce the UK's system. As I said on Committee Stage, the fine levels in the UK are much higher than anything proposed in this Bill and no maximum fine has been set for serious offences. Not many of the fishermen's organisations for which the Deputies are speaking would welcome the introduction of the UK's system here.

I am in favour of level playing fields but I do not want to reach a situation in which everything is dumbed down to the lowest level. We have spent much time in the House and on Committee Stage debating particular issues, leading to the lowest common denominator in legislation. Rather than this, I want a level playing field that sets a good standing and will——

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