Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Tuesday, 24 Oct 1989

Vol. 392 No. 1

Written Answers. - Procedures under Fisheries Legislation.

120.

asked the Minister for the Marine the reason Irish fishing vessels, if arrested, are required to enter into a bond before they are released; his views on whether such Irish vessels will leave the jurisdiction prior to a court hearing; whether this bonding is a further penalty on Irish fishermen; and the basis on which this bonding is justified by his Department.

Section 235 (inserted by section 14 of the Fisheries (Amendment) Act, 1978) of the Fisheries (Consolidation) Act, 1959, provides that, where a District Justice is sending a skipper for trial at a later date, he may, at his discretion, release a vessel from detention if sufficient security is lodged to cover: possible fines; possible costs; and possible value of forfeitures which may be imposed if the skipper is found guilty. The bonding procedure does not relate to whether a vessel might or not leave the jurisdiction. The rationale for this procedure is that it allows, at the discretion of the Courts, fishermen accused of offences to redeem their catch and gear and resume fishing pending the outcome of Court proceedings rather than being detained during that period. This process is, therefore, in the interests of the fishermen.

Barr
Roinn