Noel Dempsey (Meath, Fianna Fail)

We have had a long debate on the amendments before us. I accept the points made by both Senators on relatively minor offences. The sea-fisheries organisations do not accept that we have sought to meet the concerns of those who make genuine mistakes. When the same mistakes are repeatedly made I become sceptical that they are genuine. Some people overfish by a small margin but do so on a consistent basis and this must be taken into account.

I have made an effort to grade fines as much as possible. Senators should not become overly emotive on the issue of naval officers being armed. We have dealt with the amendment that addresses this and the officers are not armed when they board a vessel unless it is necessary.

Concerning Senator McHugh's point, no boat or fishing gear is confiscated on suspicion. If naval officers believe the law has been breached a 48-hour detention period allows them to verify suspicions and prove to the court prima facie evidence of a breach of regulations. Once a bond is posted, equivalent to the value of the illegal catch, the detainees are free to go unless the court orders otherwise. The court rules on this matter and evidence must exist. This is reasonable and is comparable to gardaí raiding warehouses for illegal cigarettes. Such places would be sealed and guarded until the truth can be established.

Concerning Senator Kenneally's comparison between sea anglers and sea fishermen, I have no problem accommodating a minor breach and dealing with this promptly. However, I must also deal with the reality that large-scale operators are acting illegally to the detriment of genuine fishermen, about whom the Members are concerned. These large-scale operators are causing problems and taking fish that should be left to smaller operators. All Senators and Deputies accept this reality and the Bill must address this large-scale illegal activity.

This Bill must be enacted urgently. After the Bill is enacted we will meet with the sea-fisheries organisations and attempt to find some compromise. However, I will not facilitate those who are criminally involved in gaining an advantage, thereby putting the livelihoods of our fishermen at risk. Therefore, I will not change any provisions on fines in this Bill as they are necessary to ensure a real deterrent exists for those acting in a criminal manner. Those who operate genuinely and make mistakes, as referred to by Senators McHugh and Kenneally, may be accommodated in the future.