Dáil debates

Wednesday, 12 May 2010

 

Sea Fisheries and Maritime Jurisdiction (Fixed Penalty Notice) (Amendment) Bill 2009: Second Stage (Resumed)

6:00 pm

Photo of Darragh O'BrienDarragh O'Brien (Dublin North, Fianna Fail)

The other possibility is that it would divert too much attention to a new tier of minor offences and distract from the work being done to prosecute the major offenders. The Bill does not provide the necessary measures to regulate the fishing industry and would not give a reasonable level of confidence that illegal fishing would not be rewarded.

The advice of successive Attorneys General has been that the imposition of such sanctions would undermine the existing legislative framework. Since 1959, successive Irish Governments have applied criminal law in fisheries matters and, since our membership of the European Community, Ireland has applied criminal law in the enforcement of fisheries policy. Ireland does this to protect the fish stocks in our zone on which our 2,000-strong vessel fishing fleet is dependent. The Sea-Fisheries and Maritime Jurisdiction Act 2006 sets down the maximum financial fines that may be applied and it is a matter for a judge to determine the appropriate fine, if any, taking into account specifics in the case. The proposed fixed penalty notice would most likely lead to a significant increase in illegal fishing by fleets in our waters and put increased pressure on our stocks. Alongside this, it would jeopardise an important industry that generates 11,000 jobs and contributed almost €800 million to the economy in 2008.

I do not support this Bill. I believe the proposals put forward will not act as a sufficient deterrent to illegal landings and, instead, our limited resources will be diverted into dealing with new minor offences. The potential impact, if it were introduced, would be negative for the conservation of fish stocks or for the coastal communities depending on fishing. It would also put at risk Ireland's obligation under EU law to ensure an effective and dissuasive enforcement system is in place.

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