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Dáil Éireann díospóireacht -
Tuesday, 7 Apr 1992

Vol. 418 No. 4

Ceisteanna—Questions. Oral Answers. - Illegal Fishing.

Gerry O'Sullivan

Ceist:

19 Mr. G. O'Sullivan asked the Minister for the Marine if, in view of the success of the Naval Service regarding the arrest and conviction of foreign vessels in our territorial waters, he will outline his views on whether the fines imposed are adequate; if he has any plans to look for a substantial increase in order to pose a real deterrent for illegal fishing activity; and if he will make a statement on the matter.

As the Deputy may be aware, penalties of up to a maximum of £100,000 are prescribed under the Fisheries Acts for fisheries offences in Ireland's economic zone. The Acts also provide for the forfeiture of the catch and gear. In addition, where persistent offenders are concerned, the courts have discretionary powers to confiscate the offending boats.

It is a matter for the courts to decide what level of fine should be imposed in any individual case and this will vary from case to case. The average fine in recent years would be of the order of £18,000. In some cases fines have been as high as £51,000.

These penalties constitute a major deterrent to potential law breakers. Indeed, from information recently made available by the EC Commission, it appears that the penalties provided for in current Irish legislation are tougher than those applicable in any other member state of the Community.

I am, however, conscious that within the industry there is a view that the powers of the courts need to be amended to provide for the mandatory confiscation of boats convicted of serious fishing offences on more than one occasion. While I fully understand the concerns of the industry, I am advised that for constitutional reasons it seems most unlikely that such offences could be made mandatory. Nevertheless, I have asked my officials to examine this issue in more detail in the context of work currently under way on draft proposals for certain amendments to the Fisheries Acts.

While dealing with the issue of penalties for fishing offences, I think it relevant to mention that, in an EC Commission discussion document on monitoring implementation of the Common Fisheries Policy, presented to last week's Fisheries Council, the Commission has suggested the possibility of harmonising within the Community the judicial procedures and financial penalties for fishing infringements. This suggestion will be considered as a matter of urgency within my Department. While I would not wish to prejudge the outcome of this exercise, my overall concern in relation to any possible harmonisation will be to ensure that it would not in any respect dilute or diminish the range of penalties currently available to our courts.

Again the Minister has given a very comprehensive reply. Would he not agree that out of the 55 foreign vessels arrested off our coasts and in our territorial waters last year, 38 were Spanish? It appears they consider the fines to be derisory and it is profitable for them to risk being caught. Is the Minister about to take any action, through his EC counterparts, against the Spanish authorities to restrain their fishermen from fishing in our territorial waters because it appears the fines are no deterrent?

In relation to the fines one has to bear in mind that in some instances there is the possibility of the gear and the catch being confiscated. In 1990, £647,000 was given in lieu of gear and catches confiscated, and in 1991 the figure was £441,000. I appreciate the importance of the point made by the Deputy about those who are fishing from Castletownbere, the south and south-west areas and along the west coast. I will be examining that question very closely because it is one we need to keep abreast of.

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