Pat Gallagher (Donegal South West, Fianna Fail)

We debated the penalties in detail on Committee Stage. The level of penalties laid down in the legislation has been endorsed by the Department's legal advisers. It fits the crime whether on summary conviction or indictment. When Senators raised the issue of the appropriate level of fines during the debate on other legislation, the Licensing of Indoor Events Act 2001, I informed the House that I expected the Minister for Justice, Equality and Law Reform to introduce a fines Bill, which would link fines to inflation or create some form of index link. Many of the current fines throughout our legislation are much too low. The forthcoming legislation will encompass all fines in all legislation and link them to the consumer price index or another structure. To answer the Senator's question directly, our legal advisors have informed us that the penalties are acceptable and should not be changed.

Amendment No. 17, a Government amendment, concerns section 15 of the Bill which relates to forfeiture to the State of the materials or equipment listed in Annex I or Annex II of the protocol. Amendment No. 17 correctly restricts this forfeiture provision only to offences in respect of section 3 because this section relates specifically to the activities involving Annex I and Annex II equipment and materials. This amendment had been tabled on the basis of legal advice received by my Department.