Seanad debates

Wednesday, 22 March 2006

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage.

 

1:00 pm

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)

These sections bring our legislation into line with most legislation as revised. The limit of €5,000 is an upper limit on a fine which a court may impose on summary conviction of a person for an offence. I underline the word "may" because it is not compulsory but a matter for the court to decide within that limit. We are simply setting the maximum amount that can be levied. The courts use their discretion by reference to the gravity of the offence and the circumstances in which it was committed. The Senator will appreciate that the other House amended a different section of the Bill to allow discretion in the courts over the confiscation of gear. The level of the fine is not mandatory but brings the maximum to the level in most other legislation.

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