Joe McHugh (Fine Gael)

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 the matter can conveniently be dealt with by any court, he or she may produce the sea-fish to a designated officer (where he or she is not a designated officer), and, if authorised so to do by the designated officer, shall sell or otherwise dispose properly of the sea-fish.

While we all agree that the law must be enforced when it is being flouted, a level playing field is required. It is widely believed that this is not the case, particularly as regards large factory ships. Common sense practice must apply in the approach to confiscating fishing gear. We do not seek loopholes or ways to flout the law for those who commit offences.