Jim O'Keeffe (Cork South West, Fine Gael)

Does the Minister accept that a scheme of fixed penalty sanctions is not contrary to Ireland's obligations under the Common Fisheries Policy, as was alleged during the debate on the Sea-Fisheries and Maritime Jurisdiction Act? Second, does he accept Ireland now is the only major maritime nation to rely exclusively on criminal penalties for policing fisheries offences? Third, does he accept Ireland also is the only country in which gear and catch are forfeited as a mandatory statutory consequence in nearly every incidence of fisheries infraction, no matter how minor?

Does he not then accept that there are ways to deal with this matter if the political will to so do existed? There are two ways in which to deal with it. The first is for Ireland to be part of an EU-wide regulation, whereby each EU member state is obligated to implement that EU regulation. This approach should be pursued, although it might take some time. The other way to deal with it is through the introduction of a fixed penalty approach, in a manner similar to the introduction of same in many other European countries and in the United Kingdom in particular. This has been introduced in Scotland and is being introduced at present in Northern Ireland. While taking into account the provisions of Article 37.1 of the Constitution, why is Ireland not following this approach? It is the same basis on which fixed penalty fines have been introduced for minor and technical offences under the Road Traffic Acts, Local Government Acts and the Litter Pollution Act 1997; there is a clear precedent for so doing. The Minister should confirm that he would look favourably on an argued approach that permits the introduction of such fixed penalty administrative fines in Ireland. I always have argued that such fines are quite capable of being introduced under our Constitution.

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