Martin Ferris (Kerry North, Sinn Fein)
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The Sea-Fisheries Protection Authority report gives the impression that the bulk of illegal fishing is being carried out by Irish boats. While I do not defend any such illegal activity, I am aware from experience that most of those involved in the fishing sector are of the opinion that most illegal fishing is carried by non-Irish vessels. I still await replies to a number of questions I tabled on the number of verbal and written warnings issued to vessels by the Sea-Fisheries Protection Authority and the number of prosecutions it has initiated. I understand the authority did not give any verbal or written warnings and chose instead to initiate prosecutions immediately.

The Naval Service, on the other hand, which deals mainly with foreign vessels fishing in Irish waters, issues verbal warnings first. There follows a written warning and, if necessary, a prosecution ensues thereafter. Given that 75% of the legal catch in Irish waters is being taken by non-Irish boats, we must assume illegal fishing is being carried out in at least the same proportion, and probably higher, due to the limited resources and powers the Irish protection services have on foreign vessels. According to one estimate, at least 9,000 tonnes of fish are illegally caught in our waters each year. That amounts to €45 million per year. To put that in context, the value of the demersal and pelagic catch by Irish fishermen in 2004 was €123 million. I want to bring to the attention of the House and the Minster that I am totally dissatisfied, as a representative of a coastal community, with the fact that the Sea Fisheries Protection Authority is targeting Irish vessels and does not give them the opportunity of a verbal or written warning prior to prosecution.

P J Sheehan (Cork South West, Fine Gael)
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I thank the Ceann Comhairle for selecting this very important matter to be raised. When does the Minister for Agriculture, Fisheries and Food intend to remove the element of criminal prosecution of those charged under the various fisheries Acts, and will she make a statement on the matter? I see the Minister, Deputy Coughlan, was unable to come to the House but the Minister of State, Deputy Browne, whom I know very well and who has a very good, thorough knowledge of the fishing industry, will take her place here tonight. The fishermen of this country have many problems but this problem can be removed with the stroke of a pen by the Minister for Agriculture, Fisheries and Food before she might depart for greener pastures in the coming week.

We seem to be the best Europeans in the EU. Not only are we implementing EU regulations, but we are penalising Irish fishermen more severely than any other member state. No other member state imposes criminal sanctions on its fishermen for these offences. There was no stipulation from the EU to criminalise Irish fishermen. Why did the Government implement such a rash measure on our Irish fishing skippers? The criminalisation of Irish fishermen must be stopped immediately. If there is an infringement of EU regulations in any other country in Europe it is dealt with at District Court level, not going as far as Circuit Court level. We criminalise Irish fishermen, which shows on their record if they travel to the United States or elsewhere abroad. No other European country does that. If the Taoiseach can ask Congress in the great USA today for an amnesty for the illegal Irish in America, I ask only for an amnesty for our Irish fishing trawler owners here.

I understand the Minister has hinted she wants to change this. I demand that the Minister remove this blatant discrimination by confirming tonight, through the Minister of State's reply, her intention to do so and to stop the criminalisation of Irish fishermen. I look forward to a positive reply from the Minister of State and I wish his superior luck in whatever might happen next week.

John Browne (Wexford, Fianna Fail)
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I thank Deputies Ferris and Sheehan for raising this very important issue. Ireland has a very important position as custodian of the largest and richest fishing waters within the EU and in our location on the edge of the Atlantic Ocean. Ireland continues to maintain high standards in the enforcement of regulations within the exclusive fisheries zone using the resources of the Naval Service, the Air Corps and the Sea Fisheries Protection Authority. The use of these resources with the addition of satellite monitoring of all fishing vessels, EU and non-EU, allows a high level of monitoring and surveillance of our waters.

The fishing activity of non-Irish fishing vessels within our 200-mile limit is monitored by a combination of maritime air patrols by the Air Corps, simultaneous deployment of several Naval Service patrol vessels within our 200-mile limit and beyond, close monitoring of the position signals from these fishing vessels relayed via satellite to the fisheries monitoring centre at Haulbowline and direct inspections of these fishing vessels by the Sea Fisheries Protection Authority when they enter Irish ports to land their fish. The control authorities also co-operate with our neighbouring member states to ensure effective protection of the fisheries in our waters and elsewhere.

Notwithstanding the efforts employed by the Irish control authorities, illegal fishing practices by all fishing fleets in Ireland's exclusive fisheries zone remain a matter of ongoing and substantial concern. Illegal practices militate against the protection of our fisheries resources and their exploitation in a sustainable way into the future. I have worked to strengthen the tools available to our control authorities to monitor activities at sea. Following strong pressure from Ireland, the Agriculture and Fisheries Council agreed a new EU regulation on electronic recording and reporting of fishing activity and on a means of remote sensing of fishing vessels. The new measures oblige fishing vessels to record and submit their logbook by electronic means at least once a day to the control authorities. Coastal member states will have full on-line access in real time to the electronic log book and landing declaration data of all vessels operating in its waters. This measure will substantially strengthen Ireland's controls at sea.

We must ensure that the rules of the common fisheries policy are evenly and properly applied throughout the Union. As Minister with responsibility for fisheries, I have worked to deliver a level playing field on control and this will remain my top priority. The conservation and sustainable management of fish stocks are critical to support and protect fishing communities dependent on fishing around the coast and we must ensure that all fishing vessels fishing in our waters respect the rules.

Regarding prosecutions for illegal activities, it is important to reflect, as I have outlined, the importance of having in place penalties that act as a deterrent to address illegal fishing activity by all fishing vessels operating in our zone. Obviously Deputy Sheehan must have got a tip-off.

Willie Penrose (Longford-Westmeath, Labour)
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He is a man with his nose to the ground.

John Browne (Wexford, Fianna Fail)
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The possibility of introducing administrative sanctions was comprehensively considered at the time of the passage of the Sea-Fisheries and Maritime Jurisdiction Bill through the Oireachtas in 2005 and 2006 but these were not included in the Act. The position taken by the Minister at the time was based on the legal advice from the Attorney General.

Under the current Act all sanctions are purely financial in nature. The Act simply sets down the maximum fines that may be applied. No minimum fine is set and it is purely a matter for a judge, taking into account the specific case, to determine the actual fine levied. The Act also applied for the first time a scaled approach to setting maximum fines whereby the maximum fines set for smaller vessels are less than for larger vessels. In that respect the 2006 Act sought to guarantee a degree of proportionality for fines based on vessel size, a factor which did not exist in the previous legislation.

On foot of the recent Court of Auditors report on fisheries control the Commission is proposing wide-ranging proposals to reform and update the EU fisheries control framework and it is likely that the issue of harmonised sanctions will be considered in that light. In addition, the recent Commission proposal on illegal, unregulated, unreported fishing proposes a degree of harmonisation of sanctions for fisheries offences. This approach may have significant implications for the application of administrative sanctions in Ireland for fishery offences.

At that time, as Deputy Sheehan hinted, I asked my Department to review the operation of sanctions under the Sea-Fisheries and Maritime Jurisdiction Act 2006 in light of experience since its enactment. Officials of my Department will be consulting, among others, industry representatives, the Sea Fisheries Protection Authority and the Office of the Attorney General in the course of their review. Invitations have been issued to the fishing industry representative organisations inviting them to meet with official groups to present views on this issue as soon as possible.

P J Sheehan (Cork South West, Fine Gael)
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Will the Minister decriminalise the actions of the fishermen?

John Browne (Wexford, Fianna Fail)
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We will review the legislation.

P J Sheehan (Cork South West, Fine Gael)
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I want an amnesty for our trawler owners who are victimised.