I move amendment 1:—
In sub-section (3), page 4, to delete all words after the word "order," line 9, to the end of the sub-section and substitute the words "all fishing gear found on board the sea-fishing boat from which the offence was committed, to be forfeited.
This amendment is in substitution of the words "any fishing gear used or attempted to be used in contravention of the by-law, the contravention of which constituted such offence, to be forfeited." I feel that these words would make it rather difficult for the prosecution when a case would come before the court to prove the actual use or the attempt to use any particular gear. The substituted amendment of mine is undoubtedly drastic to this extent that these trawling boats carry a big supply of extra gear in their holds to provide against accidents to their trawls. At the same time if you leave the section as it stands I imagine it would be very difficult for the prosecution to establish the fact that a particular gear had been used or was going to be used. However, since the Bill is intended to be drastic in its penalties I think the Minister might well consider accepting the amendment.