Seanad debates

Wednesday, 29 March 2017

Heritage Bill 2016: Committee Stage (Resumed)

 

10:30 am

Photo of Brian Ó DomhnaillBrian Ó Domhnaill (Fianna Fail) | Oireachtas source

The proposal here is to reduce the fines issue to a fixed penalty notice system. The class D fines, at the moment, are in the financial bracket from €501 up to €1,000. I am not sure if Senator Humphreys's amendment meant a class E fine instead of class B, because class E is below €500. Perhaps that was what was meant or maybe it is a misprint.

On the fines, this is a contentious issue within the fishing sector at the moment and has been for some time. I introduced legislation in this House which would introduce fixed penalty notices for minor offences for small fishermen instead of convictions in court and fines. That is what is proposed here as well, a fixed penalty notice with a reasonable limit. If the only recourse here is a class D fine, then the person or persons convicted are looking at paying out between €501 and €1,000 per offence. There could be additional offences as well. There are consequences here and the risk of major financial liabilities. There should be a staggered system, if nothing else, and not just the option of a class D fine. If someone is in contravention of, for example, four or five different by-laws it could stack up. There should be some sort of a staggered system introduced which would include fixed penalty notices. I would be willing to withdraw the amendment if the Minister had another look at this.

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