This section updates all the original penalties for offences under the 1940 Act. Section 6 (a) provides that those guilty of offences may be liable "on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not excedding 6 months or to both". Section 6 (b) provides that they may be liable "on conviction on indictment to a fine or to imprisonment for a term not exceeding 3 years or to both".
Section 6 (b) does not put any limit on what the fine might be. How will the courts assess what the fine might be in such cases? The damage which may have been done in contravening the lease or the licence could be the cause of major controversy and could involve substantial costs in restoring ground which had been improperly disturbed. There was a recent famous case where there was a great deal of public anxiety about activities undertaken by an exploration company on the side of a very important mountain and the scar is to be seen to this day. It will probably be many decades before it melts into the background. If one does damage, the costs of restoring works can be enormous and unlimited.
The Minister is deciding to leave it totally to the discretion of the judge to impose fines without any lmits. We have had other legislation where foreign fishing trawlers were to be subjected to fines for which maximum amounts were set. Due to the arguments of some Opposition Deputies at the time, the fine was very substantially increased from what the Minister responsible proposed and, fortunately, it is acting as a major deterrent and a successful weapon for the Irish Government to prosecute offenders.
I would like the Minister of State to speak on the issue of fines. She does not seem to have considered it necessary to put limits on the fine, whether it was to be £100,000 or £100 million.
