John Perry (Sligo-Leitrim, Fine Gael)
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Question 370: To ask the Minister for Communications, Marine and Natural Resources the reason the statistics regarding the level of penalties imposed for fishery offences here were not included in a report (details supplied); and if he will make a statement on the matter. [19904/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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The statistics to which the Deputy refers were required to be included in the report to the European Commission by reference to individual instances of the rules of the Common Fisheries Policy having been seriously infringed. Ireland's data could not be broken down into that level of detail. The data available to the Department did not give a breakdown of the penalty imposed by the court for individual infringements in a case where a vessel was convicted for more than one infringement. The Department has been in consultation with the Attorney General's office to arrange for more detailed records to be kept in order that Ireland can contribute more fully to future reports.

John Perry (Sligo-Leitrim, Fine Gael)
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Question 371: To ask the Minister for Communications, Marine and Natural Resources the reason the burden of penalties here (details supplied) is so high, thus placing Irish fishermen at a considerable disadvantage; and if he will make a statement on the matter. [19905/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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The Commission has drawn up a report on behaviours which seriously infringed the rules of the Common Fisheries Policy in 2003. The statistics were required to be included in the report to the European Commission by reference to individual instances of the rules of the Common Fisheries Policy having been seriouslyinfringed. Ireland's data could not be broken down into that level of detail. The data available to the Department did not give a breakdown of the penalty imposed by the court for individual infringements in a case where a vessel was convicted for more than one infringement.

The average fine imposed in 2003 in Ireland in respect of infringement of the Common Fisheries Policy was €4,871 per individual prosecution — some of which involve several infringements — in respect of 25 successful prosecutions. The EU report on serious infringements for 2003 shows that the average fine varied from member state to member state and involved a wide range of penalties, in the United Kingdom the average fine was €77,922. In addition, a system of confiscation of gear and catch applies in some member states. In Ireland, on conviction on indictment, the catch and gear on board a vessel is automatically forfeited.

The procedures for fisheries offences are provided for in legislation. Under the Fisheries Consolidation Act 1959, as amended, penalties for fisheries offences are financial and imprisonment does not arise. Under EC regulations a person who commits a breach of the European law must be deprived of any financial benefit of his actions and in addition the penalty imposed must be both a deterrent and dissuasive. The fines imposed under the Fisheries Acts 1959, as amended, were determined by the legislature as appropriate.