Written answers

Tuesday, 4 July 2006

Department of Communications, Energy and Natural Resources

Common Fisheries Policy

12:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 348: To ask the Minister for Communications, Marine and Natural Resources when he proposes to introduce a scheme of administrative fines for minor indiscretions as promised; and if he will make a statement on the matter. [26110/06]

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)
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The Sea Fisheries and Maritime Jurisdiction Act, 2006 was enacted on the 4th of April 2006. It provides for dissuasive and effective penalties for infringements of fisheries law as required under the Common Fisheries Policy. During the passage of the Bill through the Houses of the Oireachtas the principle of infringements was discussed at length. At that time the Attorney General advised me that administrative fines are considered inappropriate for fisheries infringements where the potential financial gains are substantial and would not be considered dissuasive or effective.

Accordingly, administrative fines for fisheries offences could only be introduced in Ireland if it was to be a requirement under European law. If the Commission were to bring forward proposals for the introduction of administrative sanctions at EU level, I would support such a proposal and would then again revisit the issue. I am sympathetic to keeping under review on an on-going basis, in the context of the evolving Common Fisheries Policy, the scope for the introduction of administrative penalties for minor indiscretions, subject to ensuring that any legal issues arising are satisfactorily addressed.

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