Seanad debates

Thursday, 23 March 2006

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages.

 

1:00 pm

Photo of Joe McHughJoe McHugh (Fine Gael)

I am singing from the same hymn sheet as the Minister in terms of obeying the law. The introduction of sanctions to make people adhere to the law will protect the overall industry. I wish to raise two issues, the first being due process. There is a fear that due process will not occur in many cases. What will due process be in terms of identification of a ship that is working outside the realms of quotas or tonnage, for example? What is due process in terms of malpractice, and how will such ships and their captains be identified?

A few weeks ago there was an intensive intelligence operation in County Louth. The PSNI and the Garda Síochána worked for months on a particular case, and they did not come on site until months of investigation and due process were complete. Is this similar to what will occur within the fishing industry? It is easy to identify a boat at sea, and there are sufficient surveillance measures to do this. Will enforcement officers board a boat on suspicion of illegal activities? I am considering the rights of fishermen who work within the law, and I call for the protection of these fishermen carrying out their business in a proper fashion.

My second concern relates to the air of suspicion hanging over fishermen. What mechanisms are in place to protect the rights of fishermen who work within the law? We must work more on them. The Minister said there would be an exhaustive consultative process but I am trying to anticipate problems that will arise in the future and of which we should take note. These involve the protection of fishermen's rights and could take us into a whole new legal realm. The gardaí cannot enter a premises, a building or a farmyard without a search warrant so I fear the future legal implications of this provision.

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