Noel Dempsey (Meath, Fianna Fail)

I have made my views known on this matter. Senator Kenneally is correct with regard to the power for the navy to fire into fishing vessels. Against my better judgment and to meet the concerns which were expressed, I agreed to the deletion of that section of the Bill. I hope it does not return to haunt those Members who pushed this issue and used it to hold up the Bill. It is now being addressed in other legislation. If any member of the Garda Síochána or a navy or sea-fisheries officer loses his or her life because of the deletion of the section, I hope those who advocated its deletion will apologise to the bereaved families.

We should not ask members of the Garda Síochána, sea-fisheries officers or Naval Service personnel to expose themselves to danger. This section does not make it compulsory to bring arms onto a boat if gardaí or Naval Service personnel board alongside sea-fisheries officers. Subsection (2) clearly states that a sea-fisheries protection officer "shall avoid the use of force except" in certain circumstances. The decision to bring arms on board fishing vessels will always be at the discretion of the commanding officer. If a Naval Service vessel orders a fishing trawler to heave to and the command is obeyed without resistance, armed personnel would be unnecessary in most cases. However, where attempts are made to evade or if the commanding officer, in his or her professional judgment, believes the crew needs protection, this must be provided for.

On the issue of farming regulations, Senator McHugh himself remarked on the difficulties of life at sea and the treachery of the weather. Equally, sea-fisheries officers can find it dangerous to enforce the laws passed by the Houses of the Oireachtas. We cannot ask them to do so with one hand tied behind their backs, which would be the case if this subsection was deleted. We do not send unarmed gardaí to stop bank robberies. Neither should we send unarmed personnel into dangerous scenarios where they could be injured or killed. Something may happen 200 miles out to sea, and, for example, sea fisheries officers, Naval Service officers or gardaí boarding a boat that is running drugs when it is meant to be fishing may be shot or thrown overboard. We cannot expect people to enter such a scenario. From that point of view I have had no intention at any stage of tying the hands of Naval Service or Garda personnel when they are doing their jobs. I ask the Senator to withdraw the amendment.