Noel Dempsey (Meath, Fianna Fail)

Sea-fisheries officers and naval officers may form a judgment and decide to initiate a prosecution if they believe someone is in breach of sea-fisheries law, but they cannot make a decision that a person is automatically guilty and confiscate the gear and catch at that stage. Rather, they will prepare the case for court, where a decision will me made on the confiscation of fishing gear.

As the Senator knows, there was a lengthy debate in the other House on this matter. We altered the legislation to address the point made by the Senator so that where the offence is relatively minor, an indiscretion or whatever else and is a first offence, the courts may decide that they will not confiscate catch and gear.

If a person returns to court for a second or third alleged offence, there is obviously something wrong with the person in question or his or her systems. If the court decides that there are offences, there will be an automatic forfeiture of fishing gear. This provision must remain. Adequate deterrents must be available, which is a cornerstone of Common Fisheries Policy enforcement and sea-fisheries protection.

If the matter is relatively minor, as outlined in the Senator's case, and the District Court decides it results from a genuine error or indiscretion but not a serious breach of law, there will be no confiscation. However, if the person returns for a second or third time, confiscation will be automatic. The principle of the Senator's amendment was accepted, as we acknowledged that genuine mistakes might be made. We have allowed for this in the Bill but cannot go any further.