John Perry (Sligo-Leitrim, Fine Gael)
Link to this: Individually | In context

Question 372: To ask the Minister for Communications, Marine and Natural Resources if procedures for dealing with infringements (details supplied) will be simplified and streamlined to be more speedy and effective and more cost effective for the taxpayer; and if he will make a statement on the matter. [19906/05]

Pat Gallagher (Donegal South West, Fianna Fail)
Link to this: Individually | In context

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. Given the considerable value of fish which can be landed from one trip, the potential level of financial penalties for those breaking the law can be substantial and such persons must be accorded the full protection available in law should they wish to contest the case. Delay in disposing of a case is often at the instigation of the accused while mounting a defence or considering how to deal with the case.

It is not correct to say that considerable amounts of personal bail are required to keep a fisherman out of jail. The master of the fishing vessel is usually the party charged with the offence and he is required to enter a personal bond to ensure his appearance at the trial but such personal bail is usually fixed at a modest amount. The legislation provides that in addition to any personal bond the fishing vessel itself may be detained until the trial but the owner — who may not be the accused but is frequently a limited company — can post a bond in an amount fixed by the court in order to have the vessel released. The Act provides that the bond can take into account the value of the forfeitures and fines and the costs in the event of a conviction.