The number of Spanish fishing boats which have been prosecuted for illegal fishing within the Irish management zone since Spain joined the Community is 146. Of these 74 have been arrested once only and 72 on two occasions or more. The level of fines applicable under Irish legislation for fishing offences is already among the most stringent in the Community. They include confiscation of catch and gear, fines up to £100,000 and, on a second indictable offence, and at the discretion of the court, the confiscation of the boat.
Legislation which would be specifically limited to Spanish or other foreign vessels would be contrary to Community law which excludes discrimination on grounds of nationality. Any law introduced which would make confiscation obligatory on the court would thus have to apply to all vessels, including Irish vessels. The automatic forfeiture of a boat on a second offence would, I believe, be regarded as a draconian measure by fishermen generally. It is best in my view to leave such decisions to the discretion of the court. I will, however, keep the issue of the appropriate scale of penalties under review in the light of developments.
