John Gilroy (Labour) | Oireachtas source

I welcome the Minister to the Chamber. While I am not opposed to the general objectives and thrust of this Bill, the detail is another matter. Seafood exports are worth €415 million to the economy, a little known fact among the public. Senator Ó Domhnaill has drawn our attention to the fact that 11,600 people are directly employed in this sector. Many of the areas where these jobs are located do not have an extensive employment base outside of this industry. Senator O’Donovan pointed to the frustration among fishermen disqualified from fishing due to quotas watching foreign vessels on the horizon fishing those very stocks. Illegal overfishing is not victimless as it impacts on fishing communities, law-abiding fishermen and future quotas. It is right and proper that there is a robust system of penalties in this regard.

This Private Members’ Bill proposes criminal sanctions on foreign fishing vessels which enter exclusive Irish fishing areas and administrative sanctions for first and second fisheries offences by way of prescribed notice as opposed to criminal sanctions. As the Leader pointed out, in 2006 the then Minister, Noel Dempsey, from that renowned fishing port of Trim, County Meath, saw fit to introduce legislation in this area against the advice of the then Opposition. Now Fianna Fáil wants to reverse his legislation.

Due process in criminal proceedings takes a long time. This adds to the frustration of those who believe they are abiding strictly to the law. This Private Members’ Bill proposes making dealings with minor fisheries infringements much quicker. While I welcome this general thrust, the Minister cannot accept the Bill’s details. He has committed to bringing forward separate legislation which will address the commitment in the programme of Government for the introduction of an administrative system of sanctions in this area. It is ironic to point out, however, when in opposition, Fine Gael proposed a similar Bill to this which the Labour Party supported but it was rejected by the then Fianna Fáil Government.

The fixed-penalty notice provisions in this Private Members’ Bill are not necessarily confined to minor offences which is contrary to the objectives of the Common Fisheries Policy. Penalties must be proportionate, effective and, most importantly, dissuasive. A Supreme Court ruling last month confirmed that penalties must be sufficiently severe to comply with EU regulations. The Bill’s proposed on-the-spot fines may not comply with the constitutional mandate that all offences should be tried by a court of law. The Minister has proposed he will deal with this when he introduces similar legislation.

We thank the Opposition for belatedly introducing this Bill. The Minister will not accept it in its current form but will introduce similar legislation in this regard.