Noel Dempsey (Meath, Fianna Fail)

What is feared by the Senators does not happen in reality. In most cases, an appeal triggers a hearing in the Circuit Court, and it is clearly necessary to continue the security which applied during the District Court proceedings. This is done through financial bond or detention of the sea-fishing boat concerned. Most of the time, the person concerned can provide a financial bond, which is sufficient and continues through the Circuit Court proceedings.

I am advised that it is a rarity for a boat to be detained so the bond enables a person to go about his or her lawful business while the appeal process is in train. However, there may be a small number of cases where a person, for one reason or another, is unable to enter into a bond, in which case it will be necessary to detain a boat. The Attorney General advises that the Bill must provide for the detention of sea-fishing boats in cases where no satisfactory financial bond is provided. Not to do so would make a nonsense of the law. The fear that both Senators have is addressed by the financial bond.