John Perry (Sligo-Leitrim, Fine Gael)

I move amendment No. 23:

In page 19, after line 42, to insert the following:

"14.—(1) The Minister may, by Order, delegate his or her functions under section 13 to a body specified in such Order in relation to the management of——

(a) a particular stock or group of stocks,

(b) a particular stock or group of stocks in a geographical area, or

(c) a class or type of boat used to catch sea-fish, being sea-fish of a particular stock or group of stocks.

(2) An Order under subsection (1) may contain such ancillary and supplementary provisions as appear to the Minister to be desirable for the Order to have full effect and shall, in particular, provide-

(a) that a person provide, in respect of a boat, such security as the body, with the consent of the Minister, considers appropriate to the Authority,

(b) that the body provide, in respect of boats participating in fishery, such security to the Authority as the Minister considers appropriate,

(c) the amount (not being less than twice the value, estimated by the Minister, of the fish that the sea-fishing boat to which an authorisation relates may catch pursuant to that authorisation), and

(d) the amount not being less than twice the value, estimated by the Minister, of the stock or group of stocks in respect of which the delegation under subsection (1) relates.

(3) Where a person provides security pursuant to an Order under subsection (2) of this section, the person shall not-

(a) catch or retain on board a sea-fishing boat a species of fish other than a species to which the authorisation relates,

(b) catch or retain on board a sea-fishing boat a quantity of a species of fish in excess of an amount permitted by the authorisation,

(c) use or cause or permit another person to use a net or other appliance unless such use is permitted by the authorisation,

(d) retain on board a fish, being a fish of a particular species, size or description unless permitted by the authorisation,

(e) fish or attempt to fish other than in such area as may be permitted in the authorisation, or

(f) fish, attempt to fish or have sea-fish on board a sea-fishing boat other than during periods permitted by the authorisation.

(4) Where, in relation to a sea-fishing boat to which an authorisation relates, a breach of an authorisation (or a previous authorisation) is detected—

(a) the security pursuant to an Order under subsection (2) stands forfeit, or

(b) if, in the opinion of the person or body to whom the Minister has delegated his or her functions under section 13 of this Act, the breach is of a technical or minor nature, such percentage of the security pursuant to subsection (2) as the person or body may determine stands forfeit.

(5) Where a body, to which the Minister has delegated his or her functions under section 13, proposes to act under subsection (4), the body shall—

(a) notify the person concerned of the proposal and the reasons therefor,

(b) allow the person concerned to make representations in relation to the proposal within 21 days, and

(c) confirm, modify or annul the proposal.

(6) Where a body, to which the Minister has delegated his functions under section 13, in the opinion of the Authority, fails to perform its functions in a fair equitable, accountable and transparent manner, the Authority may, with the consent of the Minister, appoint a person to exercise the functions of the body.

(7) Where the Authority appoints a person under subsection (6), he or she shall act as if he or she is the body to which the Minister delegated his or her functions under section 13.

(8) Where the Authority appoints a person under subsection (6), the security under subsection (2)(b) stands forfeit to the Authority and may be used by the appointed person to defray the costs of him or her exercising the functions of the body.

(9) (a) Where subsection (4) applies, the authorisation relating to the boat to which the forfeiture relates stands, as a consequence—

(i) in the case of a first occurrence, void for a period of not less than 30 days,

(ii) in the case of a second occurrence, void for a period of not less than 60 days, or

(iii) in the case of a third or subsequent occurrence, void for a period of not less than 100 days.

(b) in subsection (9)(a), "the period of days" means a period of days from the forfeiture each of which would (but for the forfeiture) have been a day on which it was otherwise lawful to fish for the stock or group of stocks.

(c) Where subsection (4) applies and the security pursuant to an Order under subsection (2) stands forfeit on the detection of a first breach, under subsection (2) the following will apply:

(i) that a person provide, in respect of a boat, such security as the body, with the consent of the Minister, considers appropriate to the Authority;

(ii) that the body provide, in respect of boats participating in fishery, such security to the Authority as the Minister considers appropriate;

(iii) the amount (not being less than four times the value, estimated by the Minister, of the fish that the sea-fishing boat to which an authorisation relates may catch pursuant to that authorisation); and

the amount, not being less than four times the value, estimated by the Minister, of the stock or group of stocks in respect of which the delegation under subsection (1) relates.

(d) Where subsection (4) applies, and the security pursuant to an Order under subsection (2) stands forfeit on the detection of a second breach, then under subsection (2) the following will apply:

(i) that a person provide in respect of a boat such security as the body, with the consent of the Minister, considers appropriate to the Authority;

(ii) that the body provide such security in respect of boats participating in a fishery to the Authority as the Minister considers appropriate;

(iii) the amount (not being less than six times the value, estimated by the Minister, of the fish that the sea-fishing boat to which an authorisation relates may catch pursuant to that authorisation),

(iv) the amount, not being less than six times the value, estimated by the Minister, of the stock or group of stocks in respect of which the delegation under subsection (1) relates.

(10) If, in a period of five years, a person forfeits a security three times in relation to a sea-fishing boat neither the person nor the boat may participate in fishing for the stock or group of stocks to which an authorisation formerly related for a period of one calendar year.

(11) Where a body to which the Minister has delegated his or her functions under subsection (1) acts under subsection (4), proceedings shall not be instituted in relation to an offence mentioned in Table 1 or 2 to section 28.

(12) If the State is penalised by the European Court of Justice for overfishing of a TAC or quota, the amount of the penalty shall be deducted by the Minister from the security of the body to which the Minister had under section 13 delegated his or her functions in relation to the management of that TAC or quota.".

This relates to subsidiarity which is recommended within Europe in regard to the delegated functions given to the fishery harbours and the integrated management aspect. It is a comprehensive concept in regard to the management of the fishery bodies and the vessel owners taking a partnership approach. One is talking about a delegated function and a certain level of responsibility. It also incorporates administrative fines at a low level.

Section 13 allows the Minister to issue authorisations for pressure stock licences. Pressure stock licences normally relate to quota stock species and the authorised fishing of certain stocks in a particular area at a particular time. The whole concept relates to a delegated function which we witnessed in regard to the management of the five fishery harbours and the report of the Comptroller and Auditor General. From a group trading point of view, authorisation to manage quotas in a particular region could be given to that responsible body.

I am very impressed with the fishery representative bodies who have done a very good job, but who have been vilified here. They are doing an excellent job in trying to promote the industry. They represent the interests of their members and the nation in a comprehensive and effective manner when it comes to negotiating on behalf of their members. We referred on several occasions to people in the trade who are dishonest. Given my experience meeting the representative bodies, they are equally anxious to exclude those who are in breach of the law.

Section 13 will allow for the approach advocated by the EU Fisheries Commissioner, Mr. Borg, which has been very effective in other jurisdictions within Europe.

See this speech in context