Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 68: To ask the Minister for Agriculture, Fisheries and Food if he will adopt a system of administrative sanctions for minor fisheries offences instead of the criminal sanctioning system; and if he will make a statement on the matter. [11942/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Since 1959 Ireland has applied its criminal law in relation to fisheries matters and, since our membership of the European Community, Ireland has applied the criminal law in the enforcement of fisheries policy. Successive Governments have applied the criminal law. We do this to protect fish stocks and to seek to avoid financial penalties being imposed on the State and the Irish tax payer.

However, it should be noted that all sanctions for fisheries offences are purely financial in nature. The Sea-Fisheries and Maritime Jurisdiction Act 2006 Act simply sets down the maximum financial fines that may be applied and it is a matter for a judge to determine the appropriate fine taking into account the specifics of each case. The Act also applies, for the first time, a scaled approach to maximum penalties for infringements by vessels whereby smaller vessels are liable to lower maximum fines.

The possibility of introducing administrative sanctions was comprehensively considered 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.

In the case of most fisheries offences European Community regulations require that penalties must be deterrent and dissuasive and must involve depriving the wrongdoer of the benefit of his or her actions. The fines and forfeitures allowed for under the Act are, therefore, at a substantial level, and include, for example, the loss of the catch and fishing gear. The Attorney General advised that under the Irish legal system such penalties would be viewed as criminal in nature and therefore could only be administered by the courts by virtue of Articles 34, 37 and 38 of the Constitution. This position has been confirmed by the present Attorney-General.

The European Commission recently introduced a draft new regulation intended to update and reform the EU Fisheries Control framework. This proposed regulation envisages facilitating a sanctions and penalty points system and allows for the application of administrative action or criminal proceedings in conformity with national law. In this regard there may be a possibility of introducing administrative sanctions and a penalty points system for Irish vessels under this proposal. Legal advice is being sought to determine if the current Commission proposal could accommodate their introduction here in Ireland.

It is worth noting that the proposal from the 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, even the permanent withdrawal of a licence. These penalties are substantially higher than the level provided for in Irish legislation.