Joe McHugh (Fine Gael)

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 fish in question contravened a regulation, each commits an offence.".

Given the history of the legislation and the fact that more than 200 amendments were tabled in the Dáil, the Bill has been debated at length among the fishing and non-fishing fraternity because of the concerns about criminality. There is a realisation among the fishing fraternity that if laws are broken, tough sanctions must be imposed.

However, in regard to the grey area of the fishing industry, there may be legitimate force majeure reasons for certain indiscretions, and people are worried that serious criminal charges may be brought against fishermen. There is a major concern that gear will be confiscated. Comparisons were drawn with someone driving at 60 km/h in a 30 km/h zone in Trim and having his or her car confiscated. It is difficult to measure certain aspects, but the concern among fishermen is that their gear will be confiscated for minor indiscretions and the culpability will rest with boat owners. The whole area of criminality is a fear fishermen face and it has been debated at length in both Houses. There is confusion in this regard because the Attorney General seems to have a different view on the issue of administrative and criminals sanctions and Joe Borg, the EU Fisheries Commissioner, seems to be coming from a different school of thought.

There is a danger that once the legislation is enacted, the horse may have bolted. I know the Minister has given a commitment to further debate the marine sector. The enactment of this legislation and the possibility fishermen may be faced with criminal charges is a worry we should acknowledge. We should consider the possibility of administrative sanctions as opposed to criminal ones for minor indiscretions.