Jim O'Keeffe (Cork South West, Fine Gael)
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Question 118: To ask the Minister for Communications, Marine and Natural Resources the infringement proceedings which have been initiated or raised by the EU in relation to the obligation of Ireland under the Common Fisheries Policy over the past five years; and his views on same. [6656/06]

John Browne (Wexford, Fianna Fail)
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There are four current cases in which the European Commission has initiated court action or infringement proceedings against Ireland in relation to alleged overfishing or inadequate implementation of the Common Fisheries Policy, CFP. Of these cases, the European Court of Justice, ECJ, has issued a recent judgment against Ireland in respect of one case, while the Commission has issued a reasoned opinion in one case and letters of formal notice in the other two, all three of which may proceed to the ECJ.

These cases are under Article 226 of the European Treaty but, where there is an adverse judgment, there is a possibility of further action by the Commission under Article 228 of the treaty. An adverse judgment under Article 228 may involve very substantial lump sum and periodic penalties being imposed by the ECJ, as occurred in a recent case involving another member state. It is, therefore, imperative that Ireland is able to maintain a vigorous and robust legal and operational framework in relation to control and enforcement under the CFP.

In respect of the case where a judgment has been delivered under Article 226, the Commission has written to Ireland under Article 228 of the treaty to enforce the earlier judgment. Ireland responded to this letter last week outlining details of the measures that either have been taken or will be taken in response to the judgment. These measures, which involve additional staff and new technology, will deliver systematic improvements.

In respect of previous cases initiated by the Commission against Ireland in recent years, there has been one judgment issued by the ECJ under Article 226 which was delivered in 2004. In this case, the Commission also wrote to Ireland under Article 228 and I understand that the Commission, after consideration of Ireland's reply, decided against pursuing further proceedings under Article 228.

To address issues identified by the Commission in these infringement proceedings, the Department has invested heavily in fisheries control resources and information technology in recent years. It is also strengthening its legal framework with regard to enforcement of fisheries law through the Sea-Fisheries and Maritime Jurisdiction Bill which is currently before the House, as the current legal situation following recent Supreme Court judgments has left Ireland particularly vulnerable in respect of its obligations under the CFP.