Michael Creed (Cork North West, Fine Gael)
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I wish to share time with Deputies Sheahan, Jim O'Keeffe, Perry and McHugh.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is that agreed? Agreed.

Michael Creed (Cork North West, Fine Gael)
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I move:

That Dáil Éireann, notes

the value of the Irish seafood industry to the Irish economy, totalling over €750 million in revenues and contributing to the direct employment of over 12,000 people;

the financial difficulties currently facing those involved in the fishing industry;

the dramatic increase in the price of fuel; particularly the 40% increase in fuel costs since January 2008;

the failure of Government to secure EU funding for the industry to date;

the stagnation and decline of fish prices;

the failure to brand and market Irish fish;

the delay of Government to secure EU approval of the Operational Programme for Fisheries;

the structural difficulties facing the industry including lack of quota and over-capacity of the fleet;

the current arrangements for disposal of by-catch contribute nothing to conservation of fish stocks;

the slow progress in implementing the Cawley report; and

the EU Ministerial Council on Fisheries' decision to bring forward regulations to combat illegal, unreported and unregulated fishing;

and calls on the Government to:

negotiate a package of financial assistance for temporary cessation of operations as a matter of urgency;

insist that the Irish fishing industry is not disadvantaged relative to its competitors within the EU as a result of the Commission decision to permit state aid in certain circumstances;

introduce regulations on illegal, unreported and unregulated, IUU, fishing without delay following final agreement at EU level;

pursue a uniform and balanced approach to enforcement of fisheries regulation throughout the EU;

immediately implement a country of origin labelling system for all fish products coupled with a consumer awareness campaign;

pursue the possibility of increasing cod quotas in the Celtic Sea;

take all necessary steps at an interdepartmental level to resolve the issues delaying the adoption of the Operational Programme for Fisheries; and

fully implement the Cawley report.

The decision at the most recent Council of Ministers to kick to touch on the issue of a financial rescue package for the Irish fishing industry is viewed with alarm by those employed in the industry. There was a clear understanding at the initial meeting between the Federation of Irish Fishermen and the Minister for Agriculture, Fisheries and Food and the Minister of State that decisions would flow from the Council meeting on 23 and 24 June. That no immediate assistance has come from it is largely the reason we are debating this substantial motion.

The fishing industry has immediate and long-term structural difficulties. The latter will be irrelevant if the immediate difficulties which, simply put, concern direct financial aid to enable the industry to survive the current problems, are not dealt with. For that reason, I propose to dwell on the positives in respect of last week's Council meeting. Progress was made on the issue of illegal, unreported and unregulated, IUU, fishing, which is welcome from a conservation point of view. This should lead to better prices for fish legally landed. It is estimated that IUU fish in the EU market are worth €1 billion or account for approximately 12% of the market. This agreement is welcome and everybody involved is to be commended. What is not clear is the timeframe within which the benefits of this decision will flow. I suspect — the Minister confirmed this at Question Time this afternoon — that it will take at least two years for the benefits to flow. Welcome as the decision is — the Slovenian Presidency, the Parliament, the Council of Ministers and the Commissioner are entitled to take credit for this agreement — it will not put a single euro in the pockets of Irish fishermen in the short term. While I acknowledge the work done in this respect, it is not the solution to the current difficulties.

The €3.8 billion European Fisheries Fund 2007-13 provides for aid in respect of the temporary cessation of activities due to emergency measures. This is provided for under priority No. 1 of the European Fisheries Fund — adaptation of the Community fishing fleet. That this proposal has not yet been finalised is disappointing, given the urgency of the matter and the clear provision for such in the fund.

Another point that needs to be made forcefully relates to the appalling failure of the Government to secure for Ireland a fair share of the €3.8 billion allocated in the fund. A mere €42 million has been secured, which allied to the Government's failure to conclude its negotiations and secure approval for the Operational Programme for Fisheries speaks volumes of its commitment to the sector. Just over 1% of the European Fisheries Fund has been committed to Ireland, yet we have a substantially greater share of Community waters and fish stocks. While this was obviously negotiated under the watch of the Minister's predecessor, it is, nonetheless, a shameful outcome. The failure to secure approval for the Operational Programme for Fisheries is delaying further investment in the industry, especially in processing, marketing, added value and so on where additional employment could be generated. This is shameful neglect of a national industry.

Given the 40% increase in diesel prices since the start of the year, de facto many fishermen are engaged in a cessation of activities simply because they cannot afford to go to sea. A deal on direct financial assistance in such circumstances must be reached by 15 July, the date of the next meeting of the Council of Ministers, if fishermen are to survive and a resumption of radical protest is to be avoided. Of concern in the interim is the fact that Bord Iascaigh Mhara is not actively preparing the groundwork for such a scheme. I stated in the House on 19 June that the preferable outcome to the negotiations would be an EU funded scheme. EU or Exchequer funded, the preparatory work must be done. What we must not allow is European Commission agreement on a rescue package for the fisheries sector comprising EU and State funding. As a result of the recession, of the Government's and the former Minister for Finance's own making, we will not be in a position, although permission to do so is given at European Commission level, to match the level of state aid provided for French and Spanish fishermen who compete with Irish fishermen in the waters surrounding this island. That would be the worst of both worlds and unacceptable.

The negotiating mettle of the Minister and his colleagues in the Department will be tested to secure the best possible financial rescue package prior to 15 July. Most of those involved in the fishing industry do not really care from where the funding comes, be it from the Exchequer, the European Commission or outer Mongolia. What is clear is that the industry needs a financial injection. What will not be tolerated on this side of the House is Irish fishermen being placed at a competitive disadvantage vis-À-vis those with whom they compete on a daily basis, in particular French and Spanish fishermen, in the seas around this island.

President Sarkozy will visit this country shortly. I call on the Taoiseach and the Minister to raise these important issues with him in order that we can comprehend and respond to proposals from the French Government during its six month Presidency of the European Union. It will be an opportunity not to be missed to pursue an increase in the total allowable catch of cod in the Celtic Sea which has the backing — this is an important point — of the Marine Institute.

Against this calamitous background, fishermen face the added uncertainty of the interpretation and implementation of complex fisheries legislation by the Sea-Fisheries Protection Authority that could result in criminal convictions for breaches that elsewhere in the European Union result only in the application of administrative sanctions. Having had extensive consultations with fishermen and their representative organisations, this, with the perceived over-zealous enforcement by the Sea-Fisheries Protection Authority, is an issue of the utmost gravity, only behind the issues of diesel prices and quotas. It is ironic that while the European Union is widely looked to for many solutions, financial and otherwise, this is seen as an own goal by the industry. It is a legal provision expressly against the wishes of the Commission and the experience of other member states which, if there was the political will, could be changed immediately. Clearly, the Government does not have the political will to deal with the issue. This is not about condoning illegal fishing; it is about a uniform system of sanctions across the EU. The political impotence and double standards of Fianna Fáil backbenchers are clear; they say one thing on the plinth or in their constituencies when talking to fishermen and the exact opposite when confronted by the bully-boy tactics of the Minister, Deputy Dempsey. Tomorrow night's vote is their opportunity for redemption. The Tadhgs ar dhá thaobh have a second chance.

We hear much today about global food shortages, but we do not hear enough about the approximately two million tonnes of edible fish that are thrown back, mostly dead, into the sea in the name of conservation. What a scandal. The fish are not recorded as catch and could therefore skew conservation efforts. With millions in the world starving, it is surely possible, without compromising the core objective of conservation, to organise the industry to bring this high-quality health food ashore and allocate species to others whose quotas are not filled. Technical innovation should also address the issue of accidental catching of small fish. It is immoral in the current climate that the action demanded by quotas and accidental catch is to throw dead fish back into the sea. It is entirely unacceptable. If the public knew this was how the Common Fisheries Policy of the EU obliges fishermen to behave, they would be appalled.

With an appropriate investment strategy, as outlined by the Cawley report, the potential for added value, import substitution and increased employment in the industry is significant. Seafood faces the same challenge as Irish agricultural produce — beef, dairy and so on — from imports of dubious quality because of the failure to label, brand and market. Because consumers have a right to know where produce comes from, and because of the significant economic benefits that can accrue, Irish fish and all Irish food should have clear, foolproof country-of-origin labelling. An opportunity has been missed regarding the branding, marketing and processing of seafood in Ireland, with a few notable exceptions. It is worth noting that the fishing industry is substantially, though not exclusively, located in peripheral areas of the country where alternative opportunities for employment are not readily available.

At a time of great challenge in attracting new industry due to global competition, and with increasing evidence of relocation of existing companies, we simply cannot afford not to develop the seafood sector. The industry, BIM and the Government need to accelerate the process of investment, with the Cawley strategy providing the blueprint for what needs to be done.

John O'Donoghue (Kerry South, Ceann Comhairle)
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I remind visitors that applause is not allowed in the Visitors Gallery.

Tom Sheahan (Kerry South, Fine Gael)
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I commend Deputy Creed on this Private Members' motion. It is hard to believe, but the bind that our fishermen are in did not develop overnight. I am led to believe that in 1972 an American philanthropist wrote to the Government of the day advising it not to join the EEC, as it then was. The reason, in one simple line, was that it would take our fish. I have not found this letter yet, but I will. What has happened since then? Ten times the value of the EU funding we have received has been taken out of our waters. Until now, fishermen have not had to protest as they have made a good living. There is no doubt about that. Over the past 30 or 35 years they made a good living, even though their working conditions were extreme and dangerous. I was in Athlone yesterday for a meeting of fishermen. Several hundred fishermen had tied up their boats to be there. There was a sense of anger and disillusionment. As well as the fishermen, their wives and families were also there, because they are all suffering. As I said, this did not happen overnight.

As a new Deputy, one of my first committee meetings was a meeting of the Joint Committee on Agriculture, Fisheries and Food at which the then Minister, Deputy Coughlan, was present. In my naivety, I asked her whether we as a State had ever gone to Europe to ask for more quota. The answer I received made me wonder whether I had spoken out of place. I got a put-down. Perhaps I did speak out of place, but as far as I know we have never asked for an increase in quota. We have never tried to claw back any of what we gave away. Fishermen are under severe pressure at present and we are putting it down to fuel costs and quota restrictions. The latter have been there for years, while the cost of fuel has increased by 40% over recent months.

As my colleague stated, what Irish fishermen want is equality. They want to be on a level playing field with other European fishermen, but they are not. I have evidence that French and Spanish boats are going out with diesel in their tanks that costs 50 cent a litre, while Irish boats go out with diesel that costs 91 cent a litre. I would love to have an explanation for this, but I understand how it is being done. It is not through EU funding but through a mechanism set up by the French and Spanish Governments by which fishermen receive a direct payment, similar to the family income supplement, which offsets the increase in fuel costs. This gives them much-needed help, but it means that Irish fishermen are not on a level playing field.

We need immediate proposals to save our fishing industry. We speak of decommissioning, which must be welcomed, even if the funding is to be only €42 million rather than the €58 million originally announced. We speak of marketing and say that Irish fish must be labelled and marketed as such. Yesterday in Athlone I spoke to the manager of a producer organisation who told me that in the co-op shop fillets of cod are being sold at €9.50 per kg, while in the local supermarket imported cod is being sold at €22.99 per kg. I do not know whether the Irish housewife would pay such exorbitant prices if she knew the fish was imported. Perhaps there is an opportunity there for the producer organisations themselves in terms of labelling and marketing.

The Minister, Deputy Smith, stated today that the regulations on illegal, unreported and unregistered fishing would not come into effect before 2010. This has been put on the long finger. Fishermen need immediate proposals to save the industry. Is the funding there to implement the recommendations in the Cawley report? This is a straight question. Is the funding there to implement the strategy without an operational programme?

The Minister advised us that quota restrictions in other countries are not the same as ours. In the Joint Committee on Agriculture, Fisheries and Food, we recently asked representatives of the Sea-Fisheries Protection Authority whether the authority had a boat. To my amazement, the answer was that it did not. The authority's 70 staff are, therefore, based on the coast and they nail Irish fishermen coming in, irrespective of what foreign boats do at sea. Big boats have mulchers on board and have a different quota regime. The Sea-Fisheries Protection Authority could not nail these boats, given the structure of quotas.

I will try to express the anger and frustration shown by fishermen at the meeting in Athlone yesterday. Though it is not included in the Cawley report, they believe that the one way to ensure a profitable, viable future for the fishing industry is to take control of our territorial waters. A committee was set up in the fishermen's organisations yesterday to approach the Federation of Irish Fishermen, FIF, and the Minister about taking charge of our territorial waters. I do not know how this goal will be achieved but the fishermen were very enthusiastic because they believe it is the only way they will have a say in what is a natural resource of the State. We own 20% of European waters but have only 4% of the quota and this would not happen anywhere else.

Fishermen are very unhappy about having to throw overboard perfectly good fish. There is starvation in the Third World and food shortages even threaten Europe, yet we discard fish catches worth millions because of quotas. This is ethically and morally wrong. To throw good food over the side of a boat is wrong but fishermen are afraid to come to shore and be nailed by the SFPA. They fear their boats will be tied up and their nets confiscated. They fear they will have to go to court, take out a massive bond and end up with a criminal record. They may be delayed for a couple of days. As I said, this is unethical and immoral.

I compliment the Minister on designating Schull and Union Hall as landing ports. A good day's work was done for fishermen in that part of the country. However, this was a small, cosmetic measure when one thinks of what fishermen are enduring. I ask the Minister to consider implementing a measure on harbour dues to help fishermen, who are not entitled to social welfare when they cannot go out in bad weather, their wives and families. Hopefully he will do this and help many fishermen throughout the country.

Jim O'Keeffe (Cork South West, Fine Gael)
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I compliment my colleagues, Deputies Creed and Sheahan, on their presentations on this important motion.

I intend to focus on the issue of administrative sanctions. There is a burning resentment in fishing communities and all along the seaboard because of the attitude of the Government to this issue, particularly in recent years. I feel this resentment is justified. The last report of the EU Commission on behaviours that seriously infringe the rules of the Common Fisheries Policy shows that it is objectively justified. The report records the changes that took place and new legal instruments in fisheries enforcement in member states. It records the 2006 Act that brought changes in Ireland and refers to the increased penalties for fisheries offences.

The report refers to the fact that France introduced a number of administrative measures. It also refers to changes in the United Kingdom, which are the basis for administrative sanctions, and the new scheme produced by the Scottish Fisheries Protection Agency on administrative procedures. The report refers to Spain, which in 2005 adopted an administrative Act establishing criteria for administrative sanctions, and to the position in Sweden along the same lines. However, the then Minister here rejected all approaches on administrative sanctions.

This was all done with the clear message that the European Union wants harmonisation. The last report from the EU Commission lists the most recent changes introduced in this regard in Europe yet the Government has dug in on the issue. I appreciate that much of this has to do with the character of the then Minister, Deputy Dempsey, as the Bill was going through. He thought he was high sheriff of the seas and was not for turning, egged on to a degree by ill-informed plaudits from the Dublin media. There was no appreciation of what the goal was. There was scope for administrative sanctions here, as in other countries, as mentioned by my colleagues, with a view to creating a level playing field.

The constitutional issue was raised at the time and was raised again in reply to a recent Dáil question. I will be absolutely blunt in stating my convinction that there is no constitutional inhibition to the introduction of administrative sanctions in this country. I believe the approach of the Minister was wrong on this point and I challenged the advice he received suggesting there was a constitutional inhibition. There is no distinction between the enforcement of fisheries law and the enforcement of road traffic law. I am not referring to minor parking offences but under road traffic law there are administrative sanctions, including fixed penalties and penalty points, and one can lose one's licence without going to court if one gets enough penalty points. If a person loses his or her licence he may lose his or her livelihood. There are countless precedents suggesting the administrative approach is possible. The constitutional get-out is that offenders can refuse to accept a constitutional penalty and go to court instead and this allows the provisions of the Constitution to be upheld. A person is entitled, under Articles 34 and 37, to have a charge tried before a court if he or she insists. The message we are getting from the fishermen and the European Union is that they want a system through which low-level offences can be dealt with on an administrative basis. I want to make the point that this can be done. I accept that there are parameters that must be included in a new provision.

I am working, on behalf of Fine Gael, on a framework document that will outline how this can be achieved. It will cover technical offences that were dealt with heretofore by warnings and it will accept that serious offences must go to court, also as heretofore. It will not be a charter for cowboys. The document will point out that offences that are not serious can be dealt with through administrative sanctions. I am asking the Government and the fishing organisations to give serious consideration to Fine Gael's framework document on how this can be achieved. If the points raised in it are correct, as I believe they are, the necessary legislation should be introduced to underpin the new system that should be put in place as soon as possible. The solution is in our hands.

John Perry (Sligo-North Leitrim, Fine Gael)
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I congratulate my Fine Gael colleagues, Deputy Creed, who is our spokesman in this area, and Deputy Sheahan, on this critically important motion. If one visits coastal areas such as Killybegs, Castletownbere and Rossaveal, one will see that fishing communities throughout the country were left out in the cold over the last ten years, as the rest of the economy flourished. The previous Fianna Fáil-led Government all but abandoned the fishing industry and the coastal communities. One third of the population lives within ten miles of the coast. Ireland's territorial waters, which extend 200 nautical miles from the coast, are ten times bigger than Ireland's land mass. In the absence of leadership over the last 11 years, the Government has been content to waste Ireland's marine sector, which is one of its greatest untapped natural resources.

As a result of the Government's failure to show any commitment to the development of the marine sector, our fishing industry is in crisis. The costs associated with fishing vessels and diesel are increasing rapidly. Issues such as insurance costs and over-regulation are imposing enormous hardship on those working in the industry. As Deputy Creed said, just 1% of the European fisheries budget is allocated to Ireland. I guarantee the Minister, Deputy Smith, that this country's fishing communities, which were waiting for his party at the referendum on the Lisbon treaty, will be waiting for Fianna Fáil when we go to the polls again in 12 months' time because they feel they have been sold down the tube.

Any commitments which may be given at this time will be a small price to pay. Fishing vessels worth up to €400 million are parked at the port of Killybegs, in which €50 million has been invested. I fully understand and appreciate the critical role that the fishing industry plays in coastal communities. The marine sector continues to be in relative decline. The livelihoods of our coastal communities are being endangered by the neglect of the Government. I do not blame the EU. Aquaculture should be developed in the interests of our coastal communities and those involved in our inland fisheries. Responsibility for the marine sector has been divided between four different Departments. Fine Gael has given a commitment to re-establish the sector at Cabinet level, with a senior Minister, but that has not been pursued by the current Government.

The motion before the House, which is directly concerned with the latest and most severe crisis to be encountered by the fishing industry, deals with many of the important issues which can be directly addressed by the Government without having to wait for the EU. The Government can take immediate action to save the fishing sector. It must reverse its policy of disregard and disinterest if fishing communities throughout Ireland are to survive. The Government's indecision is wasting valuable time. When I was Fine Gael's spokesman in this area for two years, I travelled to the various coastal communities to meet fishermen and their families. There is no point in giving lip service to such people. Responsibility for matters such as inshore fisheries, inland fisheries, coastal erosion and marine aquaculture has been given to other Ministers or Ministers of State. We should state honestly that the Government has neglected our coastal communities. The area within 200 nautical miles of the coast of Ireland comprises an area ten times bigger than its land mass. The third of the population that lives within ten miles of the coast is being paid lip service.

There has been a U-turn on the fantastic document produced by Dr. Noel Cawley. When the Sea-Fisheries and Maritime Jurisdiction Bill 2005 was being considered by the Oireachtas, we heard the Minister, Deputy Dempsey, engaging in a total fabrication. As Deputy Jim O'Keeffe mentioned, that legislation provides for the criminalisation of fishermen. When I met the EU Commissioner, I was assured that there is no reason we cannot decriminalise fishermen who engage in certain activities. Under the legislation I mentioned, a fisherman who has committed a small offence cannot go to America because he is deemed to be a criminal.

We must address the needs of our fishing fleet. There are too many boats out there. It is unacceptable that Ireland benefits from just 1% of the EU fisheries budget of €3.5 billion. The making of a one-off investment in the decommissioning of boats has been recognised as a policy tool that is perfectly justifiable in terms of the public good that ensues. The motion before the House calls for a uniform and balanced approach to the enforcement of fisheries regulations, which is important. Fine Gael does not condone over-fishing. It supports the enforcement of the regulations of the law. Many people are concerned that the potential of the fishing sector is not being met. The worldwide demand for fish is evident in every store. It is a question of pushing an open door. However, the processing companies are experiencing difficulties. Some 14 factories in Killybegs have been closed. Every factory in Rossaveal and Castletownbere is closed.

Does the Minister, Deputy Smith, think it is enough to pay lip service to the industry? Fishermen who have made huge investment in this sector, while rearing families, are justified in thinking they should get more than lip service. Where is the Cawley report? It was suggested before the last election that Dr. Cawley was eminently qualified to compile the report. He visited all the fishing communities. Not only was it suggested that the establishment of a single marine Department would be considered, but it was promised that ministerial consultative committees would be put in place. What is happening in areas like aquaculture? Nothing is happening with the proposed marine research development in Galway. The seabed survey has been cancelled. The inland fisheries sector is all over the place.

The Minister will not fob me off. I assure him that Fine Gael is standing with coastal communities. We will not renege on the promises we have made to them. Deputy Kenny has stated clearly that when Fine Gael is returned to Government, it will revitalise this valuable industry. It is unacceptable that Ireland, as an island nation, has been totally relegated. I do not give the Government any credit in this regard. It has neglected our coastal communities. It has failed to create jobs in such areas. It claims that it is involved in consultations and meetings, but it is doing absolutely nothing. Fishermen are annoyed. They were annoyed when I visited them some years ago, but they are now more annoyed than ever. I guarantee the Government that if it ignores them, it will do so at its peril. Deputies who represent coastal communities are well aware of what people in such areas felt about the Government the last time they went to the polls. Whatever they thought of them then, they think even less now. People in coastal communities will make their feelings clear when the local elections are held next May or June. They are annoyed about the changes which have been made to diesel excise rates, for example.

This is one of the most critical issues to have been raised on Private Members' business for some time. I assure the House that this problem will not go away. It is not good enough to pay lip service to the fishermen, or to try to fob them off.

Tom Sheahan (Kerry South, Fine Gael)
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Hear, hear.

Joe McHugh (Donegal North East, Fine Gael)
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I commend the efforts of Deputies Creed and Sheahan in bringing this motion to the House. I commend my colleague, Deputy Perry, on the work he did in opposition in the previous Dáil. I refer, for example, to his contribution to the Fine Gael policy document, Oceans of Opportunity.

The motion before the House mentions that the value of the seafood industry to the economy is over €750 million. If one considers what we could be doing, that figure represents the tip of the iceberg. We need to consider the value-added sector. I acknowledge that the Minister of State with responsibility for food, Deputy Sargent, talks a good game. He needs to implement something, however. Fishing is a tremendous industry with great potential. Rather than talking the talk, we should be walking the walk.

Deputy Jim O'Keeffe spoke succinctly about the legal aspects of the criminalisation of fisheries offences. The simple issue of criminalisation goes to the heart of fishing families and communities. We need to compare like with like. As Deputy Creed argued, the person who put together the rules that force fishermen to dump fish at sea is surely more deserving of being criminalised than, for example, a fisherman who fails to log a telephone call to a fishing port. As the Minister is in control, he is in a position to do something about this issue.

I would like to speak about the scientific advice. I am sure the Minister of State, Deputy Sargent, will have an interest in this. Do scientists take discards into consideration? No, they do not. They do not measure discards. How, therefore, can the biomass of fishing stock in any geographical area be measured at any given point in time? It cannot be done because discards are not being measured. We have to stand with the fishermen, who are willing to work with the Department in this regard. They do not want to dump fish at sea. They are forced into such action when they are in danger of being treated as criminals. Do scientists take environmental issues into consideration? No, they do not. Scientists do not consider the fact that spawning grounds are moving further north. We are always being told that the oceans are getting warmer. The lines which were drawn on the map 30 or 40 years ago are still in use, even though the fish are moving further north. Fishermen are being forced to fish in specified boxes even though they know small fish will be caught in such areas.

We have to get a grip on the reality of this area. The Minister for Agriculture, Fisheries and Food, Deputy Smith, has a responsibility to work with the fishermen in the pelagic and demersal sectors. He needs to listen to the fishermen because they have the local knowledge. I refer not only to those currently employed in the fishing sector but also to those who are retired. They know what is happening in the marine environment. They do not need scientists to tell them what is going on. They want to work with people in the scientific industry.

There is a complete disconnect between the roles of the Department of Agriculture, Fisheries and Food and the fishermen. As I said last week, the Minister has an opportunity to show real political leadership in this area. He can take control and start bringing some reality to the fishing industry. There is absolutely no reality there at present. Mackerel fishermen were told in January that they had to do all their fishing within a three-week or six-week period. They know that nobody is telling the haddock or the cod to go into the nets. I know the cod boxes are closed off but has anybody told the cod? This shows the craziness and ludicrousness of having this type of system. At sea fishermen are in different boxes. Cod go into these and that is something we must take seriously and look to the reality.

I know the Minister lives somewhere in the midlands but he has good contacts within the coastal community. I ask that he listen to those people and work with them. He should start working with the science rather than allow the scientists to make ridiculous rules that are unworkable and fly in the face of proper conservation practice. This is what fishermen practise.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I move amendment No. 1:

To delete all words after "Dáil Éireann" and substitute the following:

"notes:

the commitment of the Government to the implementation of report of the Seafood Industry Strategy Review Group, Steering a New Course, for the delivery of a restructured, sustainable and profitable Irish seafood industry;

the commitment of the Government to seafood development through an investment of €216 million under the national development plan;

the progress made by the Government in implementing a restructuring of the Irish whitefish fleet and the payment of €42 million in grants through a programme of decommissioning to remove up to 35% of the larger whitefish vessels from the fleet, with significant consequential benefit to those remaining in the industry;

the ongoing meetings between Government Ministers and the Federation of Irish Fishermen and the presentation to the European Commission and the Council of EU Fisheries Ministers of the concerns of Irish fishermen;

the agreement of EU Fisheries Ministers on a new Regulation to combat landings of illegal, unreported and unregulated fish from within and outside the EU, estimated at a value of €1.1 billion annually to the European Union;

the undertaking of the EU Fisheries Commissioner to examine new scientific information in relation to cod stocks in the Celtic Sea and to consider the possibility of a sustainable increase in access for Irish fishermen to these stocks to alleviate pressure on incomes of Irish fishermen;

the establishment of a new Irish Seafood Market Initiative, under the chairmanship of the CEO of Bord lascaigh Mhara, to maximise opportunities in the Irish domestic seafood market for the Irish fishing fleet; and

the establishment of a new Irish Fisheries Science Research Partnership, under the chairmanship of the CEO of the Marine Institute, to enhance collaboration and mutual understanding on fisheries science priorities which are beneficial to the long-term future of the Irish fishing industry;

acknowledges:

that the current short-term difficulties being experienced by Irish fishermen must be seen within the context of a Common Fisheries Policy and require to be addressed by a common EU-funded approach;

commends:

the Minister for Agriculture, Fisheries and Food and the Minister of State with special responsibilities for fisheries for their efforts to:

secure an EU-funded package of measures to alleviate the concerns of Irish fishermen;

press the European Commission for an adjustment of the total allowable catch for Celtic Sea cod; and

focus on the need for the early adoption of new conservation measures to reduce the deliberate discarding of mature fish and juvenile protection measures in the waters around Ireland;

supports new initiatives at EU level to improve labelling of fish and fish products to assure consumers of their origin and to increase the return received by fishermen at the quayside."

I wish to share my time with the Minister of State, Deputy Trevor Sargent, and Deputies Pat 'the Cope' Gallagher and Sean Connick.

I appreciate the opportunity we have this evening to discuss the current issues of importance to the Irish seafood industry which is facing a particularly challenging time, as all Deputies present have stated. It also affords me the opportunity to update the House on the most recent developments at home and in Europe in the seafood sector and the work that my colleague, the Minister of State with special responsibility for fisheries, Deputy Tony Killeen, and I have been doing since our appointment and particularly since the Dáil debated this matter last month.

Central to our work has been the ongoing contact that we have maintained with the Federation of Irish Fishermen. At last week's conference on innovation and sustainability in the seafood sector the Minister of State, Deputy Killeen, took the opportunity once again to discuss issues raised and review progress. He acknowledged the patience and very reasonable attitude of fishermen since our meeting in Athlone on 13 June. He recognised that fishermen are impatient at delays in finding solutions to the current crises. I assure fishermen and the FIF that the Minister of State and I fully understand their situation and we will continue to work with the utmost urgency to secure an EU-funded package of measures as early as possible and to progress the range of other issues identified by the FIF as of particular importance.

Following the Athlone meeting with the Federation, the Minister of State, Deputy Killeen, and I met EU Fisheries Commissioner, Mr. Joe Borg, on 18 June when we outlined in detail to him the urgent issues facing the Irish fishing industry. At the EU Fisheries Council meeting last week and following a further meeting with the FIF, I outlined to the Council a strong case for a package of EU-funded measures to address the current difficulties experienced by fishermen in our country. I was supported by a number of Ministers from other member states in expressing the view that there was an urgent need for a pan-European approach to resolving the short and medium-term difficulties.

The introduction of short-term measures to complement the restructuring of the Irish fishing fleet through the current decommissioning scheme is an important element in addressing the difficulties now faced by vessel owners and crew. It is our clear view that the Commission has a responsibility to source additional funding to support the industry during this period of restructuring and put it on a firm and sustainable footing in the future. We take the view, given the relatively small share Ireland receives from the Common Fisheries Policy, that Ireland has a special case for additional funding.

In addition to the specific proposals on short-term measures, the Minister of State, Deputy Killeen, and I pressed for further initiatives to strengthen the price fishermen receive for their catch and to reduce the cost of fishing. At the Council we pressed the Commission to examine new initiatives at EU level to increase the return received by fishermen at the quayside and improved labelling to assure consumers. We also asked the Commission to bring forward initiatives on research and innovation in the development of more fuel-efficient engines and fishing practices.

The situation we face is that, given the large-scale programme of decommissioning that is under way, as recommended in the Cawley strategy report on the future of the fishing industry in Ireland, there is no funding available under the European Fisheries Fund nationally for temporary tie-up measures as envisaged in the Commission's paper. For this reason, I pushed the Commission to provide the necessary additional funds from the EU budget. The Fisheries Commissioner, Mr. Borg, has undertaken to come back to the next Council meeting on 15 July with definitive proposals.

The Cawley strategy, Steering A New Course, was launched in January 2007 and represents an excellent blueprint to transform the industry. The strategy sets out a vision for a sustainable, profitable and self-reliant industry. The expert analysis set out in that report remains valid today. We must ensure that we do not lose sight of our agreed goals and that we use this opportunity to continue to implement the key recommendations. The strategy focused on a number of key areas, namely, the restructuring of the fishing fleet to bring it into balance with available resources, a more innovative and co-ordinated approach to the marketing of seafood, capitalising on its healthy and nutritious image and maximising the value of seafood at every stage from the sea to the table. The Government has committed to this strategy.

I am pleased that a number of the structural measures outlined in the strategy have already been successfully implemented. These include the 2008 whitefish decommissioning scheme which we announced recently with grant aid of €41 million. Approved applicants have until 18 July 2008 to accept the offer and if they do so they must surrender their fishing licences by 12 September 2008. Failure by an applicant to meet these deadlines will result in the next applicant on a reserve list being offered the opportunity to decommission his or her vessel.

The approval involves 46 boats over 18 m in length, with a combined capacity of 7,590 gross tonnes, permanently exiting the whitefish fleet over the coming weeks. With an average size of 165 gross tonnes per vessel, these boats represent 68% of the overall target set for the scheme and are in addition to the 27 whitefish boats already decommissioned in 2005-06. Overall, a total of 33% of the over-18 m whitefish fleet involving 73 large vessels will have been decommissioned since 2005. The result of this decommissioning will be a significant boost to the economics of those boats that remain in the fleet. This economic lift comes from the redistribution of the whitefish and prawn catch previously taken by the vessels being decommissioned and is currently estimated at €20 million. Over the next five years this will result in up to €100 million in additional catching opportunities for those boats that remain. Decommissioning is very beneficial to those owners and skippers who remain in the fleet.

P J Sheehan (Cork South West, Fine Gael)
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What about the crew members?

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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This round of decommissioning grants is a substantial commitment to the seafood industry and will help to put the sector on a more sound financial footing, delivering a sustainable future for Ireland's fishermen into the future. It will help to bring about a viable future for the fishing sectors that will support the economies of coastal communities dependent on fishing.

To meet the challenge of ensuring that the Irish consumer eats more Irish seafood which would enhance the benefits along the value chain to our catchers and farmers, I have recently established the new Irish seafood market initiative under the chairmanship of Jason Whooley, chief executive of BIM. The remit of the initiative will be to maximise opportunities in the Irish domestic seafood market for the Irish fishing fleet and its objective is to bring together fishermen, fish farmers, processors, wholesalers, distributors and retailers to ensure they are supplying the domestic market with as much Irish seafood as possible and to lessen our reliance on imports.

The Minister of State, Deputy Killeen, has also established a new Irish Fisheries Science Research Partnership under the chairmanship of Dr. Peter Heffernan, the chief executive of the Marine Institute, to enable both fishermen and scientists to share vital information. The experience of sharing and collaborating will help build mutual trust and confidence between the scientific and catching communities, the benefit of which will I believe be a better shared understanding of the state of the fish stocks around Ireland. It will, in addition, use the local knowledge of fishermen.

Given that the use of administrative sanctions has been the consistent subject of debate and has been an agenda item for fishermen at all their meetings with me, I also wish to address in some detail the issue of sanction levels in our own national legislation. Fishermen argue that they are being criminalised by being taken to the Circuit Court for minor offences and that administrative sanctions should apply for smaller offences instead of prosecution in the Circuit Court.

In the interest of absolute clarity, it is important to state some facts. Illegal fishing by vessels of any member state in our waters, which in many cases involves non-declaration of landings of key commercial stocks or misreporting of them, is not acceptable and must be subject to dissuasive sanctions. Since 1959, Ireland has applied its criminal law in respect of fisheries matters and, since becoming a member state of the European Community, Ireland has applied the criminal law in the enforcement of fisheries policy. The legislation passed by both Houses in 2006 does not in any way constitute a new approach other than that the maximum penalties are for the first time graduated and lower maximum penalties are applicable in the case of smaller vessels. This is the correct approach.

Michael Creed (Cork North West, Fine Gael)
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There is no change coming.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The levels of sanctions in that Act are lower in many cases than those provided for under the amended 1959 Act.

Michael Creed (Cork North West, Fine Gael)
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It is a disgrace.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The sanctions in place apply equally to Irish, Spanish, French or other operators found to have infringed the rules.

John Perry (Sligo-North Leitrim, Fine Gael)
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What is the Commissioner——

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The actual sanction applied in each case is a matter for the judge, taking account of the maximum fine limits set in the legislation. The regime in place is required to protect fish stocks and the long-term future of coastal communities.

In order to inform these discussions, I asked the Sea-Fisheries Protection Authority for data on the current level of inspections being undertaken by both the Naval Service and the land-based inspectorate on fishing activities. The authority has advised that, in 2007, there were 20,639 landings by Irish and non-Irish vessels into Irish ports, of which 8.6% were inspected. These landings broke down as follows: there were 19,174 landings by Irish vessels, of which 6.7% were inspected, and 1,465 landings by non-Irish vessels, of which 33% were inspected.

Michael Creed (Cork North West, Fine Gael)
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On a point of order, is the Minister aware that 80% of the fish in the Irish Sea are taken by non-national boats——

John O'Donoghue (Kerry South, Ceann Comhairle)
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That is not a point of order.

Michael Creed (Cork North West, Fine Gael)
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——and that 80% of the inspections should therefore by carried out on non-national boats?

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should resume his seat. The Minister is not giving way.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I am pressed for time.

The Sea-Fisheries Protection Authority has also confirmed that not all those responsible for infringements detected are subject to prosecution in the Circuit Court. The Act provides for perpetrators of lesser infringements to be prosecuted in the District Court and many cases are pursued in this way, which is entirely appropriate for such offences. A warning notice is issued in such cases.

P J Sheehan (Cork South West, Fine Gael)
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Ireland is the only country in the European Union with that legislation.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Minister without interruption.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Fishermen would prefer a regime of administrative sanctions, as is the norm on the Continent.

John Perry (Sligo-North Leitrim, Fine Gael)
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The Commissioner.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The possibility of introducing administrative sanctions was comprehensively considered, including examination of the practices in other member states, at the time of the passage of the Sea-Fisheries and Maritime Jurisdiction Bill. The position taken by the then Minister was based on the legal advice of the Attorney General.

John Perry (Sligo-North Leitrim, Fine Gael)
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He would not listen.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I listened to the Deputy and ask him to do the same. When the Minister of State, Deputy Tony Killeen, and I met the Federation of Irish Fishermen, we were asked, and we committed to asking the Attorney General, to examine the issue further and to consider whether any new developments could support the introduction of a regime of administrative sanctions for fisheries offences in the State. I have since written to the Attorney General in this regard and await his advice. This issue has been raised constantly by many of my colleagues.

P J Sheehan (Cork South West, Fine Gael)
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The Minister is at last admitting it was not an EU proposal and that it was introduced by the Government.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Minister must be allowed to proceed.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The issue has been raised consistently by my party colleagues and I have asked the Attorney General for further advice thereon.

Trevor Sargent (Dublin North, Green Party)
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I support the hard work and efforts of my Department colleagues, the Minister, Deputy Brendan Smith, and the Minister of State, Deputy Tony Killeen, to find resolutions to the difficult challenges faced by the fishing industry. As pointed out by the Minister and Members in Fine Gael, the current circumstances in the fishing industry have been developing over time. The Irish fishing industry is wholly dependent on the state of the fish stocks in the Irish zone. The decline in fish stocks has not happened over night. There have been warning signs for some time and, collectively, we have not paid enough attention or taken adequate action. Clearly, this is a European issue and action must be taken at the EU Council table. It is realised across the board, by fellow member states and stakeholders, that many of our fish stock levels are low and must be rebuilt. Our ambition should be to have our fish stocks at high levels and in a healthy state so they can sustain our industry and coastal communities. It will require courageous management and enforcement of conservation measures and quotas at EU and national levels to rebuild our fish stocks.

The Marine Institute, the competent national authority on fish stocks, has advised on the current position and the future is worrying. Cod stocks have collapsed in the Irish Sea and west of Scotland, partly because of fishing and partly due to climate change, as acknowledged by Deputy McHugh. Irish Sea whiting has declined dramatically since early 2000 and the fishery, which yielded 15,800 tonnes in 1988, yielded 935 tonnes in 2006. The high-value Irish Sea sole stock has suffered from five years of poor spawning and the stock is at an all-time low. The Irish fleet now depends on prawns and we have been very fortunate that this stock appears to be in good condition and able to sustain current Irish fleet activity. However, having spoken to fishermen in my constituency from Balbriggan, Skerries and Howth in recent days, I note there is a trend towards having more and larger vessels fishing in the Irish Sea for prawns. If this continues, it will certainly be of concern.

The Celtic Sea herring stocking level is likely to be as low as it was in the 1970s, when it collapsed. There are serious concerns about north-west herring and a rebuilding plan should be put in place. The position on our key mackerel, horse mackerel and blue whiting stocks is not as serious as that on herring and whitefish. The status of the horse mackerel stock is unknown. Blue whiting fishing levels are considered too high to be sustainable.

Deep-water stocks are very different from traditional shallow-water species and are highly vulnerable to over-exploitation. Scientists consider that the stock is severely depleted, and deep-water fishing operations have been found to damage very sensitive habitats, for example, deep-water coral mounds. Scientists consider that shark and ray are in a serious state of decline.

Management plans are urgently required for all sea fisheries. These plans must reduce fishing pressure, eliminate discarding and rebuild depleted stocks. Across the EU, too many boats are targeting too few fish. We must reduce fleet capacity by permanently removing boats from the fleet, reduce fishing effort on stocks and develop long-term management plans for fish stocks to rebuild stocks that ought to be present. These are European challenges and we in Ireland must play our part. Substantial progress in delivering a better balance between our fleet and available fishing opportunities will be achieved with the full implementation of the current decommissioning scheme, which has funding in the order of €42 million.

Let me address a specific issue on sea bass which has been raised by the industry. In Ireland we have a ban on the landing of sea bass caught by trawlers and a restriction on the number of sea bass that anglers may retain each day. The industry has raised this issue with the Minister, Deputy Brendan Smith, and the Minister of State, Deputy Tony Killeen, and pointed out that commercial fishing of sea bass is allowed in other member states, including France and the United Kingdom. It has also pointed out that sea bass is a by-catch in many fisheries and fishermen are required under our own national laws to discard all fish caught unintentionally. Industry representatives asked the Minister and Minister of State to consider revising the current arrangements to allow for a by-catch quota for commercial trawlers. The Minister and Minister of State asked the Marine Institute for scientific advice and this has just been received. The institute advises that the total size of the stock frequenting waters around Ireland is unknown, but is likely to be quite small, with a maximum estimate of 100 tonnes. It advises that, despite warming seas around our coasts, the species remains at the northern limit of its range. The institute advises that "there is currently no prospect of a sustainable commercial fishery for sea bass". The Minister advises me he will discuss this scientific advice with his colleague, the Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, who has responsibility for angling and has a significant interest in this issue from a sea-angling perspective.

As Minister of State with responsibility for food, I see great potential in the seafood sector, provided we address now the structural challenges to which I referred. Consumers are developing a greater understanding of the range of fish on offer and are increasingly becoming aware of the nutritional benefits of eating seafood. It seems we are constantly receiving the positive message about the benefits of Omega 3 oils, and particularly the benefits of eating oil-rich fish. It is against this positive backdrop that the Irish seafood industry operates.

The Government is firmly committed to the development of our seafood industry and, as one may know, it is a key element of the National Development Plan 2007-2013. The Government is committed to investing over €500 million in the marine sector, from coastal infrastructure to marine research and seafood development. Of this sum, up to €334 million has been identified for investment in delivering the seafood element of the strategy.

I wish to support all the efforts of my colleagues, the Minister for Agriculture, Fisheries and Food, Deputy Smith, and the Minister of State at the Department of Agriculture, Fisheries and Food, Deputy Killeen, in working to find solutions to the range of concerns identified by fishermen and, in particular, in taking decisive action to address the structural imbalance between fish stocks and the Irish fleet. I also am heartened by the commitment and dedication of all stakeholders in developing and promoting fish in the Irish marketplace in which there are excellent opportunities for the future of this indigenous, renewal, natural resource based industry.

Pat Gallagher (Donegal South West, Fianna Fail)
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I welcome the opportunity to participate in this debate. I have been in the House for a long time and this may be the first occasion on which fisheries issues have been dealt with by way of Private Members' business. This is an indication of the seriousness of the position. Over many years since 1973, and since 1983 in particular, difficulties have been experienced on a continual basis. While they have been overcome, the price of fuel now has tilted the balance.

I compliment both the Minister, Deputy Brendan Smith, and the Minister of State, Deputy Tony Killeen, on their initiative in travelling to a meeting in Strasbourg after their marathon meeting with the representatives of the industry in Athlone but in advance of the recent Fisheries Council meeting. I understand a package of measures will be presented by Commissioner Borg to the fisheries Ministers on 15 July, which may alleviate some short-term pressing issues. I seek the rapid implementation of such short-term measures as unless the Commission approves them, a very serious situation will confront us. I am hopeful in this regard and have confidence in both Ministers, who have had a handle on an extremely difficult brief from an early stage and who understand the issues and problems confronting them. A package of measures should be approved by the Commission for Ireland in particular, although I realise the Commission must deal with all of Europe. These issues affect all member states across the European Union.

Were a package of measures to be agreed, everyone, including the Ministers above all, would want them to be financed by the European Commission. However, if co-funding from the member states is required, such funding must be provided.

John Perry (Sligo-North Leitrim, Fine Gael)
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Hear, hear.

Pat Gallagher (Donegal South West, Fianna Fail)
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While European issues can be dealt with, I also believe that national and domestic issues, which can be cost-neutral, can be dealt with at an early stage. While I made clear my views on administrative sanctions when I served in the Department of Communications, Marine and Natural Resources with responsibility for that sector, I did not have sufficient support to introduce administrative sanctions rather than penalties——

John Perry (Sligo-North Leitrim, Fine Gael)
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I know that.

Pat Gallagher (Donegal South West, Fianna Fail)
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——that penalise fishermen for minor offences. I believe both Ministers responsible must be given an opportunity to consider this possibility. Members will work with them and will co-operate with them.

John Perry (Sligo-North Leitrim, Fine Gael)
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I thank the Deputy for putting that on record.

Pat Gallagher (Donegal South West, Fianna Fail)
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This is not a matter that requires European sanction. It is supported throughout the European Union and if this can be done, it would constitute an important step forward.

In addition, I am pleased a meeting was held recently between the Sea-Fisheries Protection Authority and the industry representatives. This meeting was important because there had been a wide gulf between the authority and the fishermen. I am pleased the authority subsequently issued a statement seeking a new, fresh start. Neither the authority nor the fishermen seek confrontation as participation and co-operation are sought. I do not believe it is necessary to engage in chasing fishermen for minor, petty offences. The individuals who should be chased are those who are taking 80% of the fish from our most prolific fishing grounds.

The European Union has been good to Ireland and I am a great supporter of both the Union and the Lisbon treaty. Unfortunately however, the price paid by the fishermen was too great. I do not criticise the negotiators because at that time, they did not foresee the developments that would take place. Those who state that voting "No" means Ireland can re-negotiate all those issues should be aware this is not possible. We have been dealt a hand of cards and everyone wishes the Minister and the Minister of State well in their endeavours in Europe. I ask them to consider closely a fisheries Bill with a view to introducing administrative sanctions.

John Perry (Sligo-North Leitrim, Fine Gael)
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I compliment Deputy Gallagher on his comments. They were highly supportive and were greatly appreciated. I hope Deputy Gallagher's colleagues in government were listening to him.

Johnny Brady (Meath West, Fianna Fail)
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The Deputy should not play politics with the issue.

Seán Connick (Wexford, Fianna Fail)
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I also am delighted to have an opportunity to contribute to the debate.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy can praise him afterwards.

Seán Connick (Wexford, Fianna Fail)
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It is good that the fishing industry has been the highlight of Members' attention during statements in the House a fortnight ago and again tonight under Private Members' business. As I come from County Wexford, I am acutely aware of the crisis and the difficulties faced by fishermen in Ireland at present. I have been left in no doubt regarding the dire crisis they face. Some time ago, I put on the record of the House my attendance at a meeting in Kilmore Quay on 19 May. The fishermen and women involved had their backs against the wall. They did not wish to be obliged to drive around the country to attend long meetings; they simply wished to fish and to earn a living.

I was presented with a document that night called, Death of an Industry: Death of a Community. It raised five issues on which I have been working to try to tackle. The first is the price of fuel. As Members are aware, it has increased by 40% since January and by more than 300% in recent years. Moreover, the Common Fisheries Policy must be readjusted and legislation must be repealed in respect of making criminals out of fishermen. In addition, there is a need to discuss the over-policing by the Sea-Fisheries Protection Authority and what will happen to the fishing crews after the decommissioning of the boats.

I acknowledge the great efforts made by the Minister, Deputy Smith, and the Minister of State, Deputy Killeen, as well as the officials, who have worked extremely hard to try to address the many difficulties facing the industry. They have held a series of meetings with both the Federation of Irish Fishermen and in Europe with Commissioner Borg. I look forward to and hope for a successful outcome on 15 July when they return to Europe to secure a rescue package that will be suitable and helpful to all fishermen.

At present, the fishing industry is experiencing what can only be described as the perfect storm. I refer to high fuel prices, falling prices for the catch, dumping of huge quantities of fish from outside the EU, a quota that is too small and, as noted earlier, over-zealous enforcement. Coastal communities are being hit extremely hard by all of the above, as well as by rising interest rates. Lives are being put at risk to survive and perhaps chances are being taken and people go to sea when they should not. However, this arises as a result of the enormous pressure under which people and families find themselves.

The Government is committed to implementing the Cawley strategy. Funding of €216 million has been committed to the fisheries sector under the national development plan and a further €118 million is due over the lifetime of the programme. Last week, the first offers under the decommissioning scheme were made, 50% of which will be paid in the autumn with the balance to be paid in January. This scheme will help to balance the fleet with the remaining resources fishermen must seek out. As for the issue of administrative sanctions, I welcome the request by the Minister to the Attorney General to reconsider a regime of administrative sanctions and to examine their introduction.

As for discards, as I have stated previously, they should be kept and logged. It is a shame that fish that already are dead are discarded into the sea and I seek resolution of this issue as soon as possible. I also welcome the recent statement by the Sea-Fisheries Protection Authority and I was delighted that representatives of the Federation of Irish Fishermen and the Sea-Fisheries Protection Authority have met. In respect of the issue of increased quota from the Celtic Sea, a response is awaited from the Commission in respect of Ireland's scientific information. I would welcome the increase in quota from the Celtic Sea as sought by Ireland and it is to be hoped it will be successful in this regard.

Ireland has sought financial aid for the fisheries sector from the EU. This undoubtedly is an EU-wide crisis and the Common Fisheries Policy must deal with it. It also constitutes a good test of the EU itself because all its coastal member states face difficulties. They should work together as they face many common difficulties. On the issue of illegal, unreported and unregulated fishing, 500,000 tonnes constitutes almost €1.1 billion of illegal fishery products that are being dumped into the EU at present. This matter must be addressed and I welcome the Minister's efforts to tackle it. I also welcome the new seafood market initiative and the Irish fisheries and science research partnership. They should be put to work straight away.

While in opposition, it sometimes can be easy to criticise. This Government is committed to protecting the Irish fishing industry. Huge effort has been made in the past six weeks by both Ministers, and by backbenchers like myself who have constantly raised this issue with our colleagues. We hope 15 July will bring the assistance that is required. I am committed to working for the fishermen of Kilmore, Duncannon, Fethard-on-Sea and those throughout Ireland to ensure we have a successful and worthwhile fishing industry.

Joanna Tuffy (Dublin Mid West, Labour)
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I wish to share time with Deputies Ferris and Broughan.

John O'Donoghue (Kerry South, Ceann Comhairle)
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Is that agreed? Agreed.

Joanna Tuffy (Dublin Mid West, Labour)
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I support the Fine Gael motion. The fishing industry contributes significantly to our economy. As the Cawley report states, it is a vital indigenous industry that directly employs approximately 12,000 people, with total annual revenues of approximately €702 million.

Fishing makes an extremely important contribution to our coastal communities and thereby our country. We are an island nation with approximately 7,400 km of coastline, which is approximately 10% of the coastline of the European Union. Our major cities are all located at the coast. If major coastal urban centres are included, Ireland's coastal population would be 50% for the whole of Ireland. A total of 34% of Ireland's population lives within 5 km of the coast.

The Cawley report states that fishing makes an enormous contribution to the regional and local development of remote rural coastal communities. The report outlines that the waters around Ireland contain some of the most productive fishing grounds in the European Union. It is estimated that in 2004, the total catch by all fleets within the Irish economic zone was 700,000 tonnes of fish valued at €500 million, the greater proportion of which was taken by non-Irish vessels.

Fishing is an industry that faces challenges. That was the reason behind the Cawley report. As other speakers mentioned, the issues to be dealt with include depleted stocks of fish, marine and coastal pollution and competing development pressures for ocean and coastal space. Future challenges include climate change, one impact of which will be the loss of fishing days because of increased numbers of storms. There is also the challenge of dealing with EU regulations and the need for our fishing and aquaculture industries to compete.

I recently read the book by Damien Tiernan, Souls of the Sea, which is about the loss of the Pere Charles and the Honeydew II. Despite the conditions those boats went out because they had no option but to do so. In The Irish Times recently, Lorna Siggins wrote about the inquiries into the causes of these incidents and said they were at various stages. She stated: "but there is one common thread — the best safety equipment in the world is of limited benefit when skippers and owners coping with shrinking quotas and expanding fuel bills are under pressure from an unworkable Common Fisheries Policy and the banks". She also stated: "Several studies suggested the true impact of the crisis was being concealed by a steady flight by crews to the construction industry". That is important in terms of the future of the industry.

The Labour Party marine spokesperson, Senator Michael McCarthy, highlighted a number of issues brought to his attention by fishermen, one of which is the fact that the Government committed €42 million recently for the decommissioning of boats over 18 ft. when the Cawley report had called for €62 million. There is no funding for decommissioning of boats under 18 ft., which means that small fishermen have been forgotten by the Government. Boats under 18 ft. are generally older and their owners are an older age group. It is logical that those fishermen would be more willing to retire but, unfortunately, decommissioning is not an option open to them.

As other speakers said, the dumping of fish is a major issue. Senator Michael McCarthy, as marine spokesperson, has highlighted the fact that there are more sea fishery protection officers in Ireland than in all of Spain. We have approximately 100 sea fishery protection officers yet there is no comparison between the size of the Spanish and the Irish fleets. As speakers from all sides of the House have highlighted, Irish fishermen can be prosecuted in courts and face jail terms for minor offences, and there is no facility currently for administrative fines.

On the issue of enforcement, Senator Michael McCarthy got an e-mail from the wife of a fisherman in which she outlined the impact of the inspection regime on her husband. She said her husband had a completely clear record and that in ten years he had never been cautioned, never mind committed an offence, yet he and all the other boats were being subjected to 100% inspection on arrival in port and had to endure that while being laughed at by fishermen from other countries like France and Spain, where virtually no inspections are being carried out. She said these inspections take hours and have led to her children going to bed and school very upset because the boat is in, having been at sea for up to three weeks, but their father has not been able to come home to them. That is an indication of the huge impact of the regime on the families as well as the fishermen themselves.

The Cawley report is the framework document for meeting the challenges faced by the fishing industry. It was published in December 2006 and sets out clearly the steps that need to be taken to address the issues for the fishing industry. As Members are aware, the recommendations range from developing markets for aquaculture projects, protecting the marine and coastal environment and, as highlighted in the motion, discarded fish and unsafe equipment, all of which are covered in the Cawley report.

As the motion points out, however, the progress of implementation of the report has been slow. In that regard, I tabled a parliamentary question on 18 June in which I asked for a report on the recommendations of the Cawley report implemented to date, the recommendations that have been partly implemented, the recommendations that have not been implemented and so on in tabular form. The reply from the Minister outlines all the recommendations in tabular form as I requested but, interestingly, the "Implemented" column is blank. None of the recommendations of the Cawley report has been entirely implemented. The report was published in 2006. The Government does not accept the significance of the fishing industry to our economy and the importance of the portfolio of the marine, which is another issue that has been highlighted by my colleague, Senator Michael McCarthy.

In 1987, the Government showed great commitment to the marine by setting up a Department of the Marine but, unfortunately, successive Fianna Fáil Governments have rowed back on that commitment and slowly but surely sidelined the Department. Currently, the marine and coastal responsibilities are spread over six Departments — Agriculture, Fisheries and Food; Communications, Energy and Natural Resources; Environment, Heritage and Local Government; Transport; Community, Rural and Gaeltacht Affairs; and Arts, Sport and Tourism. All those Departments are involved in the area to some extent.

I put down another parliamentary question recently asking if there was any interdepartmental unit, group or committee to oversee the co-ordination of the marine responsibilities and it appears there is not. There is a fragmentation of the responsibility. A recommendation in the Cawley report was that the co-ordination of the marine and coastal responsibilities should be spearheaded by what was then the Department of Communications, Marine and Natural Resources. The report was critical of the negative impact of the under-resourced marine Department at the time but matters have got worse. It is at odds with European Union policy and policy in Canada, the United Kingdom and so on.

In that regard, the first ever EU Commissioner for Fisheries and Maritime Affairs was recently appointed. Canada is bringing in an ocean Act but there is none of that type of co-ordination here. Labour is calling for the immediate establishment of an interdepartmental committee to co-ordinate coastal and marine responsibility at Government and State agency level because that is the type of thing that was sought by the Cawley report, and no doubt it is necessary. There should be a single framework for the management of marine and coastal responsibility and, obviously, an integrated and cross-sectoral approach. There should be full implementation and proper funding for the implementation of the Cawley report.

John O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy's time has expired.

Joanna Tuffy (Dublin Mid West, Labour)
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Ultimately, there should without question be a single department of the marine. That was the approach we were going back to in 1987, but then the Government reversed it and now it is all over the place. We are an island nation. The fishing industry is extremely important. We need to give the fishing industry and maritime affairs the importance they deserve.

Martin Ferris (Kerry North, Sinn Fein)
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I thank Labour for the time allocated.

Earlier today I attempted to table a further amendment to the Government's amendment and the Fine Gael motion but, regrettably, it was not allowed. For the record, I want to read it into the record of the House. It stated:

Calls on the Government to:

demand a complete re-negotiation of the Common Fisheries Policy as it affects the Irish fisheries, Irish stock management and the allocation of quota to Irish fishermen;

reclaim jurisdiction over Irish territorial waters and the Irish fisheries;

amend the Criminal Justice Act and the Sea Fisheries and Maritime Jurisdiction Act to remove criminal sanctions against fishermen and replace them with administrative penalties;

bring an end to the dumping at sea of dead fish;

address as a matter of urgency the crisis brought about by fuel price increases;

tackle the illegal fishing by foreign vessels in Irish waters;

introduce a labelling system to identify the country of origin of all fish and fish products sold here;

encourage the development and growth of the processing sector.

The reason I tabled my amendment is because neither the original motion nor the Government's amendment, for all their good intentions, address the basis and core problems facing Irish fishermen fundamental to which is the Common Fisheries Policy which has been the bedrock of the disastrous mismanagement of the Irish fishery since this State joined the EU. Unless and until the Government reverses the shameful sell out made at that time, we will be merely tinkering around and allowing Brussels engineer and effectively liquidate the Irish fishing sector.

There seems to be little political will here to demand a radical overhaul of the Common Fisheries Policy. In a reply to one of my questions today the Minister claims that many of Ireland's priorities have been delivered on during the ten yearly reviews but admits this State has received no support with regard to addressing the fundamental issue of quota.

Indeed, the overall impression is of this State constantly having to fight a rear-guard action to preserve whatever crumbs have been thrown our way. That in itself is reason enough, as one of the significant stakeholders in the sector, to demand that the policy be reformed in such a way as to ensure the interests of Irish fishermen are protected and enhanced.

It is significant that at the same time as this State was negotiating entry to the EU so was Norway. The Common Fisheries Policy was drawn up during the talks as a means of allowing "equal access" to British and Irish waters for the fishing fleets of the then six member states of Italy, France, Germany, Belgium, Holland and Luxembourg. Sensibly, the Norwegians decided that such a sacrifice of a national asset was not worth it as they still had a thriving fishing sector, and without doubt they have developed that sector.

The harm done by the Common Fisheries Policy is generally recognised. In 2002 the review group which reported to the Forum on Europe referred to the "inequalities and injustices" inherent in the Common Fisheries Policy. Perhaps it best summed up the situation when it declared that "Ireland has only a small piece of its own cake". Just how small is illustrated by the fact that even though we have 16% of EU fishing waters, we have only 4% of the quota. Even that fails to adequately illustrate how badly done by we are, as the Irish fishery is the most lucrative in the EU with 40% of edible fish consumed in the EU caught in Irish waters.

As I referred to in my statement two weeks ago, the 2004 estimate of the catch by the Irish fleet in waters around our coast was that it amounted to 15% of the total catch. Within the area under EU jurisdiction it was only 28%. In the same year it was estimated by the Marine Institute that the value of the catch in surrounding waters was €800 million of which €460 million was taken in the EU zone.

I also referred to EUROSTAT statistics which place the accumulated processed value of fish taken in Irish waters between 1974 and 2004 at approximately €200 billion, five times the value of the total transfer funds we received from the EU, mainly in CAP and Structural Funds over that period. In the closing eight or nine weeks of the campaign on Lisbon, we listened to those stating how grateful we should be to Europe, how thankful we should be for what they have done for us. They got five times the value back out of Irish fishing waters compared to what we received in Structural Funds from the EU. Those are the facts.

Had our fisheries been properly managed and developed under domestic control they might have become a valuable resource that could have played a vital role in the economic development of the country. Instead, the Irish fishery was squandered and is at present in mortal danger, not only due to current pressures such as those brought about by the steep increase in fuel prices, but by the overall trust of EU policy which many believe, with justification, is deliberately designed to reduce the Irish fishing sector to insignificance.

I take exception to the fact that people welcome decommissioning. It is a shame that Irish fishermen, who may be the second or third generation, are being forced out of the sector. It is nothing of which to be proud. It is a shame to say we got €42 million to compensate people for their livelihoods, and for their fathers' and grandfathers' livelihoods. It is a significant indictment on this State to come to such a point that decent honest hardworking men and women are being forced out of the sector.

P J Sheehan (Cork South West, Fine Gael)
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And no talk about the crew and the crew hands.

Martin Ferris (Kerry North, Sinn Fein)
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What is worse is that the intent of Brussels is being reinforced here by the actions of the State and its enforcement authorities, as is illustrated by the manner in which the sector is policed and by recent legislative changes to both the Criminal Justice Act and the Sea Fisheries Act which, in effect, criminalise fishermen in a manner not applied to any other economic sector. I stood here when the then Minister for Justice, Equality and Law Reform, Deputy Michael McDowell, referred to anybody who was caught with a small bit over quota or who had any conviction as a result of fisheries as traitors. The sell-out of the fishing sector when Ireland entered the EU was treason.

P J Sheehan (Cork South West, Fine Gael)
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Hear, hear.

Martin Ferris (Kerry North, Sinn Fein)
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That sell-out was the treason, not the actions of the poor man who comes in with a by-catch on his boat who is brought before the courts for it.

The Minister made reference to the fact that for lesser offences one goes before the District Court. He misses the point. The point is that once somebody goes before the court, be it the Circuit Court or District Court, and has a criminal conviction, the knock-on effects include that he would be unable to get a visa to go to the United States for a holiday or to see a family. That is the reality.

The fact is that a measure to criminalise a sector was brought through this House, although many of us fought it tooth and nail. Would it happen where, for example, a farmer exceeds his milk quota? Such a person would not be brought before the courts, but a fisherman will be brought before the court if he comes in with one box of fish over the quota. What is being done here is a disgrace.

I appeal to the Minister to deal with the criminalising of the fisherman, to take that stigma away from a great sector of our community, to bring in administrative sanctions for lesser offences and to give the men and women of our coastal communities justice. These people should not be stigmatised, criminalised or driven out of the sector completely, which is what has happened.

Another area to which I refer is the need to tackle illegal fishing. I am against illegal fishing. Illegal fishing has been estimated to be as much as one third the value of the entire legal catch in Irish waters, but that could be a gross underestimate. That is being taken primarily by foreign vessels coming into Irish waters and taking the stocks.

The Minister made reference to the searches and landings.

Brendan Howlin (Wexford, Labour)
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The Deputy has one minute remaining.

Martin Ferris (Kerry North, Sinn Fein)
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He stated that 6.7% of Irish landings were inspected, while 33% of the non-Irish landings were inspected. That is a total distortion. A large percentage of the non-Irish vessels are landing outside of this State, while almost 100% of Irish vessels are landing here. That is a distortion and it is misleading and should not have been in the Minister's speech because it does not bear out the reality.

I attended a meeting yesterday in Athlone. It was an honour to be there, but it was also depressing to see genuine men and women congregating and giving up a day's work, possibly two if they had far to travel to attend, to try to get justice. They were trying to lobby every elected representative and political party in order to do so. I applaud them on how reasonable they have been to date. They have given us every opportunity to resolve matters. To do so we have to return to the European Union to tackle the Common Fisheries Policy to get justice and assume jurisdiction and sovereignty over our own waters.