Máirín Quill
Question:957 Miss Quill asked the Minister for the Marine the outcome of each of the 71 prosecutions initiated by the Regional Fisheries Board arising out of 85 fish kills in 1995. [15004/96]
Written Answers. - Fish Kill Prosecutions.
Prosecutions in relation to pollution occurrences are initiated by the individual regional fisheries boards in whose region the incident occurs and all issues in relation to these prosecutions are a matter for the boards concerned. The seven regional fisheries boards advise that they collectively initiated a total of 71 prosecutions in relation to water pollution incidences, including fish kill occurrences, during 1995. Forty four of the fish kills reported in 1995 were not attributable to any single, precise source and consequently the boards could not under current legislation initiate legal proceedings in respect of these. Of the remaining cases, the precise source of pollution was identified and sufficient evidence obtained in 19 cases to sustain legal action.
The balance of prosecutions taken by the regional boards related to water pollution incidents which merited a prosecution although no fish mortalities had resulted. The boards obtained successful outcomes in 58 of the cases initiated, the remaining 13 cases have yet to be heard or are adjourned pending the result of appeals to the Supreme Court. In all cases where a prosecution was obtained the defendants were convicted and fined and the boards were awarded costs and expenses. Details of the number of prosecutions initiated by each board in 1995, the categorisation of the cases by region and the current position in the cases are set out in the following tabulations:
|
Region |
Fish Kills 1995 |
Fish Kills not prosecuted |
Prosecutions taken |
Total Prosecutions |
||
|
Source not identified |
Lack of evidence |
Fish Kills |
Other |
|||
|
Eastern |
14 |
4 |
8 |
2 |
13 |
15 |
|
Southern |
20 |
9 |
10 |
1 |
— |
1 |
|
South-Western |
12 |
4 |
3 |
5 |
9 |
14 |
|
Shannon |
14 |
8 |
4 |
2 |
9 |
11 |
|
Western |
2 |
2 |
— |
0 |
6 |
6 |
|
North-Western |
4 |
2 |
— |
2 |
1 |
3 |
|
Northern |
19 |
9 |
3 |
7 |
14 |
21 |
|
Total |
85 |
38 |
28 |
19 |
52 |
71 |
Outcome of Prosecutions
|
Region |
Convictions Obtained |
Case Awaiting Hearing |
Supreme Court Appeal |
|
Eastern |
13 |
1 |
1 |
|
Southern |
1 |
— |
— |
|
South Western |
14 |
— |
— |
|
Shannon |
5 |
6 |
— |
|
Western |
5 |
1 |
— |
|
North Western |
3 |
— |
— |
|
Northern |
17 |
1 |
3 |
|
Total |
58 |
9 |
4 |