P J Sheehan (Cork South West, Fine Gael)

I asked the Minister for Agriculture, Fisheries and Food "when he will introduce administrative sanctions for minor fisheries offences here in view of the recent EU decision to implement administrative sanctions on a harmonised basis throughout Europe; and if he will make a statement on the matter".

While the Minister made a statement on the matter, I wish to raise the use of administrative sanctions in fisheries law. Every country in the European Union has harmonised laws in respect of fishery offences, which are administrative, rather than criminal sanctions. Ireland is the only country in Europe to introduce criminal sanctions against its fishermen and this is not in line with European law.

The Minister should take cognisance that the eminent lawyer and senior counsel, Dr. Gerard Hogan, appeared before the Joint Committee on Agriculture, Fisheries and Food this morning to discuss the constitutionality of administrative sanctions which apply under the Sea-Fisheries and Maritime Jurisdiction Act 2006. His advice to the joint committee's members was that Ireland is not doing the right thing by criminalising its trawler skippers because they might have an additional box or two of monkfish or cod in their catch. How can a trawler owner be responsible for whatever is in a net after two or three hours trawling? In the efforts towards conservation, such an owner is supposed to dump the fish back into the sea because he or she could face a criminal charge were they to be landed. What conservation efforts are served by dumping dead fish into the sea when half the world starves? The Minister is on cloud nine when operating this law of criminalisation. He is criminalising the trawler owners. They have been criminalised for the past ten years and cannot even travel to the United States because they have a criminal indictment against their names.

When will the Minister abide by the advice the joint committee received today from Dr. Gerard Hogan? When will the Minister put in place the necessary legislation to make all fisheries offences administrative, rather than criminal in nature?

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