Emmet Stagg (Kildare North, Labour)
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Question 128: To ask the Minister for Communications, Marine and Natural Resources the consultation and information his Department transmitted to interested stakeholders before the Fisheries and Marine Jurisdiction Bill appeared before the Joint Committee on Communications, Marine and Natural Resources; the reason no briefing was given to members of the committee and Opposition spokespersons; and if he will make a statement on the matter. [34371/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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The State is responsible for enforcement of the Common Fisheries Policy which requires that the appropriate resources are in place to monitor and control fishing activity and that the necessary legal tools are available to provide for the prosecution of those who are found fishing illegally. The EU Commission monitors compliance by member states with their responsibilities under the CFP. In this regard, Ireland faces seven legal proceedings issued by the Commission for alleged failures in its fisheries control regime.

Article 228 of the treaty allows the Commission to initiate proceedings against a member state to enforce an earlier judgment of the Court of Justice given against the member state under Article 226 for failure to comply with its obligations under the EC treaty. While no such proceedings have been taken against Ireland relating to the implementation of the CFP, it is critical that prompt actions are taken in situations where our ability to implement the CFP is compromised. In this regard, two Supreme Court judgments — Vincent Browne v the Attorney General and Thomas Kennedy v the Attorney General — have significantly undermined the current legislative framework for enforcement of fisheries legislation.

In this situation it has been necessary for the State to take urgent action to address the serious shortcomings identified in the Acts and a new regulatory framework is required urgently. Delays in the enactment of new legislation expose the State to infringement proceedings which could result in the State being subject to financial fines imposed by the European Court of Justice, which would have to be paid by taxpayers. In this situation, it is critical that the new legislative framework is enacted urgently. It was, therefore, not possible in the time available to undertake a detailed consultation with fishing interests, marine conservationists or other stakeholders on the Bill. In any case, the regulations for fisheries management and conservation are determined at EU level and the provisions of the Bill are primarily implementing these regulations in Irish law.

A detailed explanatory and financial memorandum was provided with the Bill, giving further information on the Supreme Court judgments referred to and the legislation in question, as well as signposting the 1959 Act provisions being updated and replaced by provisions of the Bill. If any further briefing is required by Deputies that can be given before the Committee Stage of the Bill, as was done with the Bill for the 2003 Act.