Results 12,061-12,080 of 13,264 for speaker:Pat Gallagher

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

Pat Gallagher: I want to make it abundantly clear to the House that it will be removed and that an amendment will be introduced on Committee Stage to remove the gun and the reference here.

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

Pat Gallagher: Section 28 updates and consolidates penalty provisions, dating from 1978, and updated subsequently on an ad hoc basis, for a variety of sea fisheries offences according to the following principles. The EU Common Fisheries Policy requires a deterrent and dissuasive system of penalties, applicable to any offenders against Irish law. A person who fishes illegally should not benefit from that...

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

Pat Gallagher: It is true generally.

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

Pat Gallagher: It is true generally. Notwithstanding the matter of administrative penalties, the Bill reflects the considered view of the Government that it is critically important to have in place fines and forfeitures that are genuinely dissuasive. Section 28 sets maximum fines that may be applied for any particular offence and must take account of the scale of the offence and whether or not it is a...

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.