Brendan Smith (Cavan-Monaghan, Fianna Fail)

Yes.

I repeat the advice available to me, that the possibility of introducing a Minister's sanction was comprehensively considered, including examination of practice in other member states, at the time of the passage of the Sea-Fisheries and Maritime Jurisdiction Act 2006 through the Oireachtas. The position taken by the Minister at the time was based on the legal advice from the then Attorney General and has been confirmed by the Attorney General, Mr. Paul Gallagher SC.

It is an important issue. I will be meeting the European Commissioner for Maritime Affairs and Fisheries, Mr. Borg, before the end of the week. We will be discussing a range of fisheries issues with him prior to the December Council and also ongoing issues, and this will obviously be an issue.

The European Commission has introduced a draft regulation on control to be implemented by January 2010. The proposal provides for a penalty points system. I reassure all Deputies who have contributed to this question that the proposal will be sent to the Attorney General's office for legal advice on the elements in it which set sanction levels for offences. Naturally, we will report back to each of the individual Deputies who have been consistent in their representation and their articulation on this particular issue.

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