Trevor Sargent (Dublin North, Green Party)
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Question 104: To ask the Minister for Communications, Marine and Natural Resources if the case taken against Ireland for breach of European Union fish quota rules as decided upon in January 2005 has been resolved; if other outstanding cases exist between the State and the European Union regarding a reported failure to implement EU fishery control legislation; and if Ireland may face fines if it were found to be in continued breach of such control and monitoring measures. [34549/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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I assume the Deputy is referring to the judgment of the European Court of Justice, dated 18 November 2004 under Article 226 of the European treaty, which related to a number of cases of Irish fish quotas being exceeded in 1995 and 1996. In the light of this judgment, the European Commission asked Ireland to indicate by 22 January 2005 details of the measures that had been taken or would be taken to address the issues raised by the judgment.

A detailed and comprehensive response to this letter was issued by Ireland on 21 January 2005. The Commission may, if it is not satisfied with Ireland's response, initiate proceedings under Article 228 of the treaty to enforce the earlier judgment of the Court of Justice. The court may impose a lump sum penalty and also a periodic penalty for continued failures. However, it must be pointed out, as it was in Ireland's response, that the Department has invested heavily in fisheries control resources and information technology in the intervening years to address the system deficiencies that contributed to the overfishing cases referred to in the judgment.

There are a further six cases in which the Commission has taken court cases or infringement proceedings against Ireland for alleged overfishing or inadequate implementation of the Common Fisheries Policy. Of these cases, the Commission has applied to the European Court of Justice to initiate proceedings in one case, while it has issued reasoned opinions in two further cases and letters of formal notice in the remaining three. All of these cases are under Article 226 of the European treaty but, while they will be defended vigorously by Ireland, they all carry the possibility of adverse judgments and of possible further action by the Commission under Article 228 of the treaty. This makes it imperative that Ireland is able to maintain a vigorous and robust legal and operational framework relating to control and enforcement under the Common Fisheries Policy.