Written answers

Tuesday, 6 November 2012

Department of Agriculture, Food and the Marine

Fisheries Offences

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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To ask the Minister for Agriculture, Food and the Marine if he intends to move forward with a new Sea Fisheries Bill to replace the criminal sanctions system for minor fisheries offences with an administrative sanction system;; and if he will make a statement on the matter. [48433/12]

Photo of Simon CoveneySimon 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.

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