Paschal Mooney (Fianna Fail) | Oireachtas source

I will be brief. I want to express my solidarity with my colleagues, Senators Ó Domhnaill and O'Donovan on the legislation as it is a major irritant to the fishing industry, particularly because owners of small vessels have been equated with larger sea going vessels in the context of criminals sanctions imposed. I know that arguments have already been made. Section 28 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 provides for stiff maximum penalties. The fines are extremely onerous, up to €100,000 for boats greater than 18 m in length. The current system seems unfair and inequitable.

The Bill recognises that serious quota breaches and environmental infringements require the full rigour of fisheries enforcement. Ireland, as I am sure the Minister is already aware, is the only major maritime jurisdiction in Europe to retain an exclusive licence on criminal sanctions to control sea-fisheries offences. Why is Ireland the only major maritime jurisdiction to retain an exclusive reliance on criminal sanctions? I am sure the Minister will address my question in his response.

Northern Ireland, England, Scotland and Wales have all introduced a fixed penalties notice regime which dates back to 2008. As the Minister will be aware, the purpose of the Bill is to introduce a system of administrative sanctions to provide efficient punishments of minor offences, benefiting both the State and fishermen. Therefore, the Bill aims to complement, through the fixed penalty notice system, rather than replace the system provided for the 2006 Act retaining the option of a hearing in court. We believe that the Bill satisfies the European Commission's position that member states are again asked to ensure a system of sanctions that has a deterrent effect and to amend, as appropriate, their legislation so that sanctions have a dissuasive effect. We argue that the current regime does not lead to sanctions having a dissuasive effect and is an unfair and inequitable imposition, particularly on the small operators in the fishing industry. Go raibh míle maith agat.