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Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 1: In page 11, line 27, after "fish" to insert the following: ", but for the avoidance of doubt does not include a sea-fishing boat". I welcome the Minister to the House and look forward to his views on the amendment. There is some ambiguity here and the reference to a "sea-fishing boat" might clarify the matter.

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: That is correct. However, there is ambiguity with regard to the two amendments.

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I want them discussed and I would like to hear the Minister's reaction to them. There is a degree of ambiguity on which I would like the Minister to give an opinion.

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 3: In page 15, between lines 25 and 26, to insert the following subsection: "(8) The master of an Irish sea-fishing boat may depart from the terms of any notice under subsection (7) where exceptional circumstances (such as force majeure, the safety of the crew or the safety of the vessel) so require.". We are all familiar with the concept of force majeure as it relates to...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I wish to clarify a point for Senator Kenneally. In doing so, I am not saying he is alleging anything or telling me or my colleagues how we think. Fine Gael is not looking for short-cuts or any route other than that of obeying the rules and regulations. We are certainly not looking for loopholes whereby in certain instances a boat owner or fisherman could break the law. That is not the case....

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: In the Acting Chairman's field of health matters, she may find she digresses as well. This is not a single issue rather it concerns minor discretions and the punitive outcomes therefrom concern many fishermen. The Fine Gael Party is not willing or interested in going down the road of letting people off the hook or enabling them to slip through loopholes. I thank the Acting Chairman for her...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 4: In page 15, subsection (8), line 27, after "the" to insert "seventh". I appreciate the sentiments expressed by the Minister. I will not digress as we are focusing on the same issue, which is discretions. I am a firm believer in listening to the views of the person on the street in respect of every industry. If one was to ask 1,000 people living in coastal areas what...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 5: In page 18, subsection (13)(a), line 48, to delete "it." and substitute the following: "it: by sending such notification to— (i) the address at which the holder is ordinarily resident, and (ii) the address at which the holder carries on business, where the two are different." This is a straightforward amendment which seeks to ensure that notification of a fine or...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 6: In page 19, subsection (14)(b), line 17, to delete "or" where it secondly occurs and substitute "and".

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 7: In page 19, lines 34 to 36, to delete subsection (18) and substitute the following new paragraph: "(18) The Minister may authorise in writing such officers of the Department as he or she considers necessary to grant authorisations on his or her behalf and to add to or alter authorisation conditions and terms.". This amendment goes back to the original point about...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 8: In page 21, subsection (3), lines 12 to 15, to delete paragraph (b) and substitute the following new paragraph: "(b) in relation to fish, the master and owner of the boat concerned commits an offence, and the buyer, handler, weigher, transporter, processor, person storing or documenting and seller of the fish, where he or she could reasonably have been aware that the...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 9: In page 22, subsection (3), lines 40 to 43, to delete paragraph (b) and substitute the following: "(b) in relation to fish, the master and owner of the boat concerned commits an offence, and the buyer, handler, weigher, transporter, processor, person storing or documenting and seller of the fish, where he or she could reasonably have been aware that the fish in...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 10: In page 25, lines 24 to 30, to delete subsection (3). The section provides, among other matters, that a sea-fisheries protection officer may confiscate fishing gear from a vessel. Subsection (3) states: Where a sea-fisheries protection officer detains in his or her custody under this section any sea-fish and the sea-fish is likely to become unfit for human food before...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 11: In page 27, lines 22 to 28, to delete subsection (4). We seek the deletion of this subsection on the grounds that anomalies may arise in terms of the powers given to enforcement officers. Subsection (4) states: A sea-fisheries protection officer when exercising any powers under this section may be accompanied by other persons and may take with him or her, or those...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I am fully appreciative of the Minister's points. If, for example, the Garda gets wind of a bank robbery, it will send special well-armed personnel into the bank with good preparation. I require clarification of whether armed officers will board boats without any indication of malpractice or illegal activity. Will law-abiding fishermen going about their business be subject to random raids by...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 12: In page 27, lines 29 to 40, to delete subsection (5). Question, "That the words proposed to be deleted stand", put and declared carried.

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 13: In page 28, subsection (3), line 13, to delete "will be" and substitute "has been". This section deals with the 48-hour period whereby a boat or trawler would be impounded pending a court order for a further time. If there has been malpractice or indiscretion this is not a problem. The section also stipulates that crewmen must be released after 48 hours. I have tabled...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 14: In page 28, subsection (1)(a), line 20, to delete "instituted" and substitute "instituted,". I may seek clarification on this amendment as it could be redundant.

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 15: In page 28, subsection (1), line 47, to delete "detain the boat further" and substitute "release the boat". With regard to the right of appeal on the further detention of a boat, there is a fear among members of the fishing community that they could be embroiled in a legal logjam. It would be unfair on people working in the Department to use the term...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Joe McHugh: I move amendment No. 16: In page 30, subsection (1)(c), lines 20 and 21, to delete "(including the capacity thereof)". This amendment deals with fines not paid within the required time. The Bill reads "in the event of such fine and costs (if any) not being paid within the said time, such fine and costs (if any) may be recovered by distress and the sale of such boat". It is a worthwhile...

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