Vol. 426 No. 6
7 Mr. Browne (Carlow-Kilkenny) asked the Minister for the Marine if, in view of the numbers of foreign super-trawlers poaching in our fishing grounds, he will press for the confiscation of not just their catch and gear, but also their boat, where more than one infringement by the same boat has taken place.
As the Deputy may be aware, penalties of up to £100,000 are prescribed under the Fisheries Acts for fisheries offences in Ireland's economic zone. The Acts also provide for the forfeiture of the catch and gear. Where persistent offenders are concerned, in addition to any other fines and forfeitures, the courts have discretionary powers to order the confiscation of the offending boats.
I should stress that the fines under Irish legislation are among the toughest in the Community. Within the framework of the legislation, it is, of course, a matter for the courts to decide the penalty to be imposed in individual cases. To date, however, the penalty of confiscation of vessels has not been applied.
Repeated transgressions by any fishing vessels of rules designed to preserve stocks and livelihoods are unacceptable. Flags of convenience vessels are particularly prominent offenders. The matter is complicated by transfer of ownership after conviction in a number of cases. I have asked that the provisions in relation to confiscation of boats convicted of serious fishing offences be reviewed. At my direction the legal aspects of the matter are currently being examined in consultation with the Attorney General's Office. On completion of this examination I will consider whether action along the lines suggested by the Deputy would be appropriate.
Is the Minister aware that there is a systematic series of law-breaking activities perpetrated by the Spanish fishing fleet whereby they pool together to pay fines?
I am, yes.
Will the Minister discuss the matter with his colleague, the Minister for Justice, to see if confiscation can be brought in as a likely realistic penalty; because it is obvious that the fine system is not working?
I agree with the Deputy. There is a pooling arrangement between the various vessels and the Spaniards are the greatest offenders. I will undertake to review the legislation in conjunction with the Minister for Justice. It is important that it be done and that the penalty be made even harsher in the circumstances.
It will take confiscation before there is any cessation or reduction in these activities. Does the Minister have reliable information on whether ownership is changed when they have been apprehended once or twice, in case vessels are confiscated? Has this been proved or is it well known?
I am sure it is well known. It is very difficult to prove, as the Deputy can appreciate, when one is dealing with a foreign country and when even the painting of a vessel would change its appearance. It is difficult to come to grips with this very mercurial situation.
I do not know if the Minister is aware that, in reply to a more detailed question which I put last year, it transpired that some Spanish boats had been apprehended twice and three times. It is possible that some of them have been apprehended five and six times but have changed their names or ownership in the meantime.
I want to bring in Deputy Molloy.
In view of the fact that the Minister has responsibility for two portfolios, will he indicate the number of patrol vessels at sea at all times on fishery protection duty? Is he aware of how farcical the situation is? Galway is one of the harbours to which patrol vessels bring captured vessels, and regularly, the vessels in port have been caught on a number of occasions. Will the Minister ensure immediately that when Spanish vessels — or those of other nationalities — are brought in to be prosecuted here, those who are prosecuting on behalf of the State are given a briefing to seek the maximum penalty, because there is a feeling that they have been dealt with rather leniently and that our fishery resources are being raped by these foreign trawlers and nations who are breaking all the rules?
I will undertake to do what the Deputy asks. The courts deal with these cases on their merits and, in the circumstances, it would be inappropriate for me to interfere, but certainly I will seek to have the maximum fine imposed. I take on board Deputy Deasy's suggestion that we should update the law in relation to the possibility of the confiscation of the vessel as that is where it will hurt.
