Terence Flanagan (Dublin North East, Fine Gael)
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Question 85: To ask the Minister for Agriculture, Fisheries and Food if he plans to introduce legislation to deal with the difficulties facing the fishing industry with regard to the criminal offence system and the need tor the introduction of a system of administrative sanctions; and if he will make a statement on the matter. [5004/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The EU Commission has now brought forward proposals for a new European Fisheries Control system which allows for the application of administrative action or criminal proceedings in conformity with national law.

The possibility of introducing administrative sanctions for fisheries offences in Ireland 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 that time was based on legal advice from the Attorney General. I consider that under this new EU Commission proposal there is a possibility of introducing administrative sanctions and a penalty points system for Irish vessels and I have sought legal advice to determine if the current EU Commission proposal could accommodate their introduction here in Ireland.

It is worth noting that the proposal from the EU Commission envisages penalties up to a maximum of €600,000 for repeated serious infringement and under the penalty point system the suspension of a fishing licence for prolonged periods, and even the permanent withdrawal of a licence. These penalties are substantially higher than the level provided for in Irish legislation.