Dáil Éireann Debate, Tuesday - 4 March 2014
362. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine the results of the review on the legislation that criminalised the fishermen for breaches of EU fisheries regulations; the alternative procedures for penalties for offenders being considered; and if he will make a statement on the matter. [10936/14]
View answerMy Department is working with the Attorney Generals Office on legal issues to enable the preparation of a Bill amending the Sea Fisheries and Maritime Jurisdiction Act, 2006 to introduce an amendment to allow for a system of Fixed Penalty Notices for minor fishery offences. This proposal follows the commitment in the Programme for Government that criminal sanctions for minor fisheries offences would be replaced with an administrative sanction scheme. Following advice from the Office of the Attorney General to the effect that an administrative sanction scheme would not be appropriate, I am now seeking to introduce a system of Fixed Penalty Notices in respect of minor fisheries offences. The intention is that fishermen who have committed relatively minor fisheries offences will have the option of avoiding a criminal conviction.
The Government is committed to introducing a fixed Penalty notice system, clearly, such a system must conform to EU law and be constitutional. Discussions have taken place with the Attorney General on the use of the Road Traffic Act as a model. Formal legal advice is awaited from the Attorney General to allow the preparation of a Bill on this basis and which will deliver on the Programme for Government commitment, within the parameters of the Constitution and EU requirements.
