Jim O'Keeffe (Cork South West, Fine Gael)
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Question 94: To ask the Minister for Agriculture, Fisheries and Food his views on whether administrative sanctions for minor sea fisheries offences are applicable in many member states in the European Union; if his attention has been drawn to the recent changes proposed or implemented in Britain, Scotland and Northern Ireland; and if he has proposals for change in dealing with minor offences here. [19544/08]

Tony Killeen (Clare, Fianna Fail)
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Ireland holds a very important position as custodian of some 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.

Systems for dealing with infringements of the Common Fisheries Policy vary greatly among member states and useful comparisons are not easily drawn. Many continental legal systems are different from that of Ireland and lend themselves to a structure of administrative fines and penalties. Previous advice from the Attorney General indicated that under the Irish legal system the types of penalty Ireland is obliged to apply under the Common Fisheries Policy would be viewed as criminal in nature and, therefore, could only be administered by the courts by virtue of Articles 34, 37 and 38 of the Constitution. Administrative fines for fisheries offences could be introduced in Ireland if this were a requirement under European law. I am supportive of any positive proposals from the Commission in this regard.

Under the current legislation, the Sea-fisheries and Maritime Jurisdiction Act 2006, 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 a matter for a judge, taking into account the specific case, to determine the actual fine levied. The Act also applies for the first time a scaled approach to setting maximum fines, whereby the maximum fines set for smaller vessels are less than those 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 previous legislation.

The Department is currently reviewing the operation of sanctions under the Act in light of experience since its enactment. Officials of the Department will be consulting with, among others, industry representatives, the Sea-Fisheries Protection Authority and the Office of the Attorney General in the course of this review. The recent changes introduced by the UK authorities, whereby administrative sanctions have been introduced for a small number of minor offences, will also be considered as part of this review.

Jim O'Keeffe (Cork South West, Fine Gael)
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I make a strong plea to the new Minister on this issue. He will possibly recall the rather bruising debate we had a couple of years ago on the Sea-fisheries and Maritime Jurisdiction Bill. There are two aspects of this issue that I ask the Minister to bear in mind. The fishing community genuinely feels its members are being tagged as criminals for committing very minor offences. In addition, major costs were imposed on them due to the locking up of their boats in port while they attended court, as well as other costs and expenses. Does the Minister accept the opinion of the EU Commissioners, who recorded a view that administrative sanctions can be an effective way of increasing compliance?

Over the past 12 months there have been regular meetings on this issue among the UK Administrations in Whitehall, Scotland and Northern Ireland. Earlier this year, the Scottish authorities introduced a new regime, under the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2008, which allows for administrative sanctions. Leaving aside the bruising battles of the past, would the Minister accept there is a way around the Attorney General's concerns on the basis of consent? Will the Minister keep an open mind and talk to the fishing community and interested parties with a view to finding a decent solution to this problem?

Tony Killeen (Clare, Fianna Fail)
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I intend to meet all interests in this sector as soon as possible. The first meeting, which will be attended by me and the Minister, Deputy Smith, takes place on Thursday. The Deputy and others in the House will accept that penalties must be a deterrent and must be dissuasive. To this end, they must involve depriving the wrongdoer, at a minimum, of the benefits of his or her action. Deputy O'Keeffe, more than most, will be aware of the provisions and implications of Articles 34, 37 and 38 of the Constitution in this regard. As I said, all options are being considered. It is not necessarily the case, in this instance, that administrative fines would be better for people who are guilty of minor offences.

Jim O'Keeffe (Cork South West, Fine Gael)
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We are now the odd man out in Europe on this issue.

Brendan Howlin (Wexford, Labour)
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I promised I would allow Deputy Sheehan to put a question briefly.

P J Sheehan (Cork South West, Fine Gael)
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We seem to be the best Europeans in the Union. Not only are we implementing the EU regulations, but we are penalising our fishermen more severely than any other member state. No other member state imposes criminal sanctions on its fishermen for these offences.

Brendan Howlin (Wexford, Labour)
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I am sure there is a question coming.

P J Sheehan (Cork South West, Fine Gael)
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There was no stipulation from the European Union to criminalise Irish fishermen. Why did the Government implement such a rash measure on our fishing skippers?

Tony Killeen (Clare, Fianna Fail)
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The Deputy is correct that there was no such stipulation from the EU, but there was a stipulation regarding the level of fine to be imposed which, because of the implications of Articles 34, 37 and 38, had the effect to which the Deputy refers. All of this is being considered. The Minister and I will engage with the industry and we will try to address these issues to the greatest extent possible.