Noel Dempsey (Meath, Fianna Fail)

I cannot accept the amendment because it could call into question the automatic forfeiture by the court of fishing gear under section 28(6)(b) on summary conviction for a second or subsequent offence. Only a court can convict for an offence, taking into account the circumstances of the case. Apart from the protections any fisherman has as a citizen of the State, if the Bill is enacted and a fisherman has reason to believe he is being unduly hounded or the victim of malpractice on the part of sea fisheries officers who board his boat or otherwise harassed he not only has the option of the courts but that of the Ombudsman. Appropriate appeal systems will be available to deal with such cases. The Senator will see that section 49 of the Bill provides for specific complaints procedures allowing people to pursue such matters. The Senator's point is dealt with in the Bill as it stands.