Joe McHugh (Fine Gael)

I move amendment No. 2:

In page 15, between lines 25 and 26, to insert the following:

"(8) The master of an Irish sea-fishing boat may depart from the terms of any notice under subsection (7) where exceptional circumstances (such as force majeure, the safety of the crew or the safety of the vessel) so require.".

During our general discussion on a similar amendment on Committee Stage, I digressed a little to raise the grant aid available for health and safety features on vessels. The Minister responded positively, indicating that he would endeavour to expedite the matter as much as possible.

On the issue of force majeure, the definitions and legislation governing the fishing sector have created some grey areas. While it is important that the master of a ship informs enforcement officers of the quantity of catch and the port at which it will be landed, provision must be made to take account of changing circumstances, for example, the necessity to change destination in inclement weather conditions. Force majeure must apply when vessels are forced to deviate from their intended course. The concept of force majeure is widely used in the Department of Agriculture and Food. This was particularly true of the allocation of single farm payments in 2002 and 2003 when stocks were at low levels.

The Fine Gael Party favours strict legislation but seeks a level playing pitch for all players in the fishing industry. While it does not support special dispensations for those who break the rules, exceptional circumstances will sometimes force vessels to deviate from their specified routes. I ask the Minister to reconsider this matter, despite his refusal to do so on Committee Stage.