Seán Connick (Wexford, Fianna Fail)
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Question 575: To ask the Minister for Agriculture, Fisheries and Food the request he has made to the Attorney General to examine the possibility of introducing administrative rather than criminal penalties for fishermen; when he expects to receive a response from the Attorney General; and if he will make a statement on the matter. [29015/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The possibility of introducing administrative sanctions was comprehensively considered, including an examination of practices in other Member States, at the time of the passage of the Sea Fisheries and Maritime Jurisdiction Bill through the Oireachtas. The position taken by the Minister at the time was based on the legal advice from the Attorney General.

During recent negotiations with the FIF I gave a commitment to ask the Attorney General to examine the issue further and consider if any new developments can support the introduction of a regime of administrative sanctions for fisheries offences in Ireland.

I have now received that advice, which is the same as that given at the time of the passage of the Sea Fisheries and Maritime Jurisdiction Bill, namely that it would be unconstitutional to introduce a regime of administrative sanctions for fishery offences.