Dáil Éireann Debate, Tuesday - 6 November 2012
114. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine his plans to replace the system of criminal sanctions for minor fisheries' offences with a system of administrative sanction to bring Ireland into line with other European jurisdictions; and if he will make a statement on the matter. [47699/12]
View answer130. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine his views on the fact that Ireland is the only country in Europe in which one is criminalised for a fishing offence; and if he will make a statement on the matter. [47698/12]
View answerI propose to take Questions Nos. 114 and 130 together.
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.
