Results 12,021-12,040 of 13,220 for speaker:Pat Gallagher

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: ——€100,000 for contraventions involving illegal nets or other equipment, or €35,000 for other contraventions such as logbook offences. In my view this represents a reasonable increase on the level which was put in place in 1994. The fine proposed for fishing without a sea fishing boat licence has been increased from the level of €12,700, or £10,000, set in 1983 to €100,000.

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: That is a fact, yes.

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: Fishing without a licence must be regarded as a particularly serious offence and the level of fine proposed in the Bill reflects this severity. To avoid unnecessary Circuit Court proceedings, section 28 also provides, on standard lines, for summary conviction by the District Court for minor offences, subject to a fine not exceeding €5,000, which reflects the current limit of jurisdiction of...

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: The industry has made a strong case for the introduction of administrative penalties and sanctions. This was debated at length at the hearing at the Joint Committee on Communications, Marine and Natural Resources. While the introduction of such a system would have certain advantages, particularly the potential to deal speedily with offences, I am advised there are substantial legal issues...

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: Continental systems governed——

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: The Deputy will have his opportunity.

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: Continental systems governed by civil law have a different approach——

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: I will be delighted to hear the Deputy's views when I have the opportunity.

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: This is only Second Stage. We will discuss the matter both on this Stage and on Committee Stage. I will be most anxious to hear the Deputy's views because of his legal background.

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: Continental systems governed by civil law have a different approach——

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: The Deputy heard what I said. I said all along, particularly because I have attended meetings of the joint committee and have been briefed fully on the contributions at its meetings, that I will be prepared to accept amendments that are practical, positive and in accord with the Constitution. I will be only too pleased to listen to the views of Deputy Jim O'Keeffe and others on how we can...

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: I am saying I am prepared to listen.

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: Continental systems governed by civil law have a different approach and it must not be assumed that we could adopt the sort of system which may be in operation in much of Europe, and which is in operation in many parts of Europe. There are administrative sanctions with which we would have no great difficulty provided we could find a structure for them. Some 86% of arrests in Europe are dealt...

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: I take my advice and will deal with——

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: The Commission representative confirmed at the meeting of the joint committee on 12 October that administrative penalties are applied widely in member states——

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: I said that. Administrative penalties are applied for a variety of sea fishery offences.

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: As I indicated to the committee, I will actively pursue the question of a level playing field across the European Union regarding the imposition of administrative penalties for minor sea fishery offences. I will commit myself to doing what I can at European level but I am told the initiative must be taken at that level rather than at national level. We cannot take it because——

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: In the case of sea fisheries, I am advised that the State would face the problem that the required level of sanction would trespass on the exclusive role of the courts in the administration of justice, thus exposing the administrative system to legal challenge. There would be no protection arising from Article 29.4.10° of the Constitution. From a legal perspective, to adopt a system of...

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: Low fines in some member states do not and cannot justify Ireland deciding to reduce the level of penalties. I am committed to building sustainable sea fisheries and strengthening control of these fisheries. It is necessary to support this objective with penalties that are dissuasive. Section 32 aims to capture the ill-gotten gains arising from illegal sea fishing and should serve to...

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Second Stage. (17 Nov 2005)

Pat Gallagher: Perhaps the Deputy will elaborate on that. I challenge him to accuse me of doing something outside the law.