Seanad debates

Wednesday, 22 March 2006

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

 

1:00 pm

Photo of Joe McHughJoe McHugh (Fine Gael)

I move amendment No. 21:

In page 34, subsection (2), line 5, after "and" to insert "may be subject".

This amendment relates to the table of fines in section 28, and specifically to the provision in subsection (5) which states:

Where a person is convicted on indictment of an offence specified in a Table, in addition to any fine the court may impose under this section——

(a) in the case of a conviction under section 8 or 9, it may order the forfeiture of all or any fish and fishing gear found on the boat to which the offence relates...

The phrase "The forfeiture of all or any fish and fishing gear found on the boat" raises a concern about when do we know that an indiscretion has taken place, if at all, and what discretionary powers officials have to board boats and decide at a whim that all fishing gear and fish must be confiscated if they do not have significant evidence. While my amendment contains specifics, what are the Minister's thoughts regarding the section in general? Will we be able to put in place safety measures to protect fishermen if they are not breaking the law or working outside quotas or zones?

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