Michael McCarthy (Cork South West, Labour)
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Question 334: To ask the Minister for Agriculture, Fisheries and Food when he expects that the Sea Fisheries and Maritime Jurisdiction (Amendment) Bill to be published; and if he will make a statement on the matter. [16427/11]

Simon Coveney (Cork South Central, Fine Gael)
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The Programme for Government committed to replacing the criminal sanctions system for minor fisheries offences with administrative sanction system to bring Ireland into line with other European jurisdictions.

I sought the advice of the Attorney General on the matter. The Attorney General has responded with a detailed advice on the issue which I am currently examining. The advice highlights the difficulties in relation to the Constitution and in relation to the laws of the European Community relevant to the question of implementing a system of administrative sanctions for fisheries.

There are many significant differences between the legal systems in Ireland and that of other EU Member States. Ireland's constitutional and legal position provides certain basic rights which must be respected within our system of justice.

Furthermore, European Union legislation requires that penalties for fisheries offences must be "effective, proportionate and dissuasive ". That is, they must act as a deterrent and they must also ensure that there is no benefit gained by infringing the rules.

Given the nature of the penalties involved, there is a general requirement under the Constitution that alleged breaches of fisheries control regulations must be tried in a court of law. I am continuing to actively examine the issue in the context of the Attorney General's advice in relation to the Programme for Government commitment.

Irrespective of the outcome of the administrative sanctions situation, it will be necessary to bring forward legislation to amend the Sea Fisheries and Maritime Jurisdiction Act, 2006 in relation to the implementation of a penalty points system for serious fisheries infringements as required under EU Regulation 1224/2009, which establishes a community control system for ensuring compliance with the rules of the Common Fisheries Policy. In addition to this requirement, a number of minor amendments of a corrective nature are necessary. It is my intention to introduce an amendment to the Sea Fisheries and Maritime Jurisdiction Act, 2006 in autumn 2011 in this regard.