Brendan Daly (Fianna Fail)

I welcome the Minister of State to the House and wish him well in his new post. I had a very quick read through the Bill, which represents a voyage of discovery for me. Practically every page of the Bill mentions an authority, a consultative committee, a vote registrar or a complaints officer. The appeals mechanism set out in the Bill for those with grievances is not very clear. Overall, I support the Minister's efforts to conserve fish stocks. It is in the long-term interests of fishermen to work with the Minister in this regard. I wish to put on record that the vast majority of fishermen do not wish to see the law flouted. They are unhappy about people indiscriminately breaking the law and exceeding fishing quotas because, ultimately, they will suffer, while the individuals who are guilty of these offences will probably have left the industry at that stage.

The legislation is slightly confusing. It proposes to create an authority. I will not dwell on the fines and prosecutions. Prison sentences have not served to deter fisheries offences. I cannot recall an instance where a fisherman was jailed for fisheries offences, although I can recall an instance where a fisherman who was due to be prosecuted refused to sign the bail bond and was imprisoned as a result. However, there is very little evidence of fishermen being jailed for breaching the law. I am not sure prison sentences work as a deterrent and I do not know whether they are used. It would be better to remove prison sentences from this legislation and introduce a regime based on co-operation between fishermen and the enforcement authorities to ensure fish stocks are protected, conserved and managed for the future and the long-term benefit of the fishermen themselves.

Under this legislation, the authority is to be composed of one person, with the possible addition of two other members. However, one person could be responsible for dealing with these very complex issues. The authority should not be comprised of between one and three members. The number of people on the authority should be far in excess of this. It would be far better if the authority comprised the same number of people as that found on the consultative committee.

The relationship between the consultative committee and the authority appears to be contradictory in almost every section of the Bill. What is the purpose of having a 14-member consultative committee and an authority comprised of between one and three members and a situation whereby it is unclear as to which body directs the other? Is it the authority or the consultative committee which has the final authority?

Overall, the situation is very confusing and administratively inoperable. It is an attempt by the Department to push responsibility away from itself and the Minister and onto the consultative committee, which comprises 14 members, and the advisory committee, which has between one and three members. The staffing should be reversed. It would be better to have a small consultative committee and a large authority with the latter dealing with the issues involved in this affair.

There has been an attempt to move responsibility away from the Minister of the day and place it on an administrator, who already appears to have a position and is named in the legislation. The organisation of the succession is very complex and the Minister would do well to re-examine the matter. Amendments to this provision will be tabled on Committee Stage unless it is dealt with.

I am disappointed that an opportunity has been missed to establish a training regime for the fishing industry. Such a regime would involve training in the handling of fish, the management of catches and training in new technology, equipment and facilities available throughout Europe. The establishment of an expert training committee to be attached to the authority should be included in the legislation. Very little training has been provided, particularly in the handling of catches from the point where a fish is caught to when it is landed in port. Fish caught by Irish fishermen have been landed in ports in other countries but have commanded a very low price because they were badly handled up to the point where they were put on the market. We need a proper training facility for the handling of fish and to teach people, particularly young people, how to get maximum benefit out of available technologies. This is extremely important for the development of the industry. New technology is present in every area, including fishing. The provision of training in new technology should be included in this Bill.

How does the Food Safety Authority of Ireland dovetail with the new arrangements? The Food Safety Authority of Ireland Act was introduced in 1998. What will be the relationship between the people designated under this legislation as having responsibility for food safety and food safety officers, and others with responsibilities under the Food Safety Authority of Ireland Act? There is the potential for conflict between two separate agencies. Will the Food Safety Authority of Ireland Act be amended to take account of this Bill? The responsibilities relating to food safety provided for in this legislation represent an unnecessary duplication as responsibilities for food safety are already provided for in the Food Safety Authority of Ireland Act.

I will deal with several other points on Committee Stage as they are technical matters which must be clarified to avoid future conflict and indecision. I see the need for this Bill as traditional fish stocks are now under severe pressure and a management regime must be established. The primary responsibility for the management of this country's fish stocks lies with fishermen, rather than administrative officers, authorities or consultative committees. The responsibility lies with the people who benefit from fishing and whose future and livelihoods depend on it. If we continue along the road on which we are travelling, fisheries will be closed, as happened in the 1970s and 1980s, and jobs and incomes will be lost in the fish processing industry.

I support the concept of conserving and managing fish stocks. The vast majority of fishermen are fully conscious of their responsibilities. Some technicalities in the Bill, which represent a minefield of confusion, should be clarified.