Pádraic McCormack (Galway West, Fine Gael)

I welcome the Minister of State, Deputy Connick, to the House. It is unfortunate he was not here when the 2005 Bill went through the Dáil because at that time we had a Public Gallery packed with fishermen from every port in Ireland. They were so concerned about the effects the proposed legislation would have on them and their families that they came here in large numbers to protest against the Bill going through the Dáil.

The purpose of this Fine Gael sponsored Bill, Sea Fisheries and Maritime Jurisdiction (Fixed Penalty Notice) (Amendment) Bill, is to correct a serious anomaly included in the Sea Fisheries Maritime Jurisdiction Act 2006. I compliment Deputy Jim O'Keeffe on bringing this Bill before the Dáil to correct the serious anomaly in the 2005 Bill. The essence of the Bill is that we want to change the system of sanctions for minor fisheries offences from a criminal system to a mixed system of criminal and fixed penalty notices or on-the-spot fines for minor fishery offences. This is a sensible proposal and objective. I do not know what attitude the Government will take to this Bill, but I hope the Minister of State will accept it on behalf of the Government in the good faith in which it is being brought before the Dáíl.

We want to achieve a reasonable rebalance of the way breaches of the sea fisheries law can be dealt with. I hope the Government will accept this reasonable Bill and that it will not have any hang-ups about acknowledging that it may have made a mistake with regard to the criminal aspects of the 2005 Bill. That Bill was brought before the Dáil by the then Minister, Deputy Noel Dempsey, but it was the Minister of State, Pat the Cope Gallagher, who was here the night the Bill was discussed. We put it to him strongly at the time, and he had agreed, outside the Chamber in his constituency in the fishing villages of Killybegs and elsewhere, that the Bill was not what it should be. Unfortunately, the Bill still went through the Dáil. The aspect of the 2005 Bill that left fishermen with a criminal record for relatively minor offences under the current law was the major concern of the fishing communities with regard to the Bill at the time.

When the 2006 Act was going through the Dáil, there was significant opposition from fishing groups and their families. Significant concern was also expressed by many Government Deputies from coastal or fishing port areas with regard to the Bill. This was expressed both in the Dáil and outside of it. Perhaps the Deputy after Deputy on the benches opposite who condemned aspects of the Bill on the night were playing to the packed Public Gallery. Those in the Public Gallery were pleased by that, but the fishermen were very much disappointed when the same Deputies supported the Bill in the vote despite the reservations they expressed earlier. None of the Deputies on that side of the House who expressed their concerns at that time, particularly with regard to the aspect of the Bill we are trying to correct now, the criminal offence aspect, is here now, but I hope they have all expressed their view to the Minister or Government that this is a reasonable Bill which tries to amend that aspect of the Bill.

When the 2005 Bill was introduced by the Minister, it included some crazy provisions. I recall speaking in the Dáil at the time on one section of the Bill which included a crazy provision which would have allowed the Naval Service to engage in fire action with shipping vessels. Fortunately, owing to opposition from these benches, among public opinion and from some Government Deputies, the provision was withdrawn. However, the provision which deemed minor breaches to be criminal offences was not withdrawn but remained in the Bill. We are trying to correct this. What makes being found guilty of a criminal offence serious is that it goes on a person's record. It is a very serious matter to be convicted of a criminal offence. It would debar a person from serving in the Defence Forces or the Garda and legally entering the United States. It is a very serious provision in a Bill and we are seeking to correct it in the case of minor breaches of the provisions of the fisheries Act.

Members of Fine Gael have spoken against the high level of fines imposed on Irish fishermen when compared with the EU average. Deputy Sheahan dealt with one aspect of this. We must not criminalise minor offences. That would be in line with the position in other EU member states, in which 86% of all EU fishery offences are dealt with by way of administrative sanctions. Why must Ireland be so different from other member states? Are we trying to impress them at a cost to our fishermen? The 2006 Bill was pushed through the Dáil just before Christmas. It was rushed legislation. As we pointed out at the time, rushed legislation is never good legislation. However, we now have an opportunity to amend it with this Bill. Rossaveal Harbour is located in my constituency. Ten or 11 years ago there were 40 trawlers based there; now there are less than 15. However, that appears to be irrelevant to the Government. I urge the Minister not to allow the last straw to break the camel's back by accepting the Bill.

I carried out some research when I spoke on the 2006 Bill. There was a total of 3,595 fishing offences in Spain in 2001, only four of which went before the courts. Why must Ireland always be the good boy in the European Union at the expense of its fishermen and their families by the inclusion of this criminal sanction in the legislation? I appeal to the Minister to accept this Bill in the good faith with which it is brought before the Dáil.

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