Brendan Smith (Cavan-Monaghan, Fianna Fail)

This is not the first time I have heard Deputy Sheehan raise this issue at either the Joint Committee on Agriculture, Fisheries and Food or this Chamber. I indicated in my reply:

Previous advice from the Attorney General in this regard indicated that under the Irish legal system the types of penalties which Ireland is obliged to apply under the Common Fisheries Policy would be viewed as criminal in nature and, therefore, could only be administered by the courts by virtue of Articles 34, 37 and 38 of the Constitution.

It also is important to note "administrative fines for fisheries offences could be introduced in Ireland if the infringements and appropriate sanctions were set down in European law". The Attorney General is the legal adviser to the Government and this issue was raised and discussed at length by Members in 2006. At that time, the Attorney General's opinion, which has been reiterated subsequently, is that it was not possible. I am sure the Joint Committee on Agriculture, Fisheries and Food will bring to my Department's attention the advice offered to it today by Dr. Hogan, who undoubtedly is a distinguished senior counsel. One measure to be welcomed is that the European Commission has introduced a draft regulation on controls to be implemented by January 2010. Naturally, the Government will seek the Attorney General's legal advice on this Commission proposal.

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