Vol. 429 No. 3
6 Mr. Clohessy asked the Minister for the Marine if he has concluded discussions with the Attorney General's office in relation to confiscation of boats convicted of serious fishing offences; and if so, the action, if any, which is being taken.
As I informed Deputy Brown in my reply of 24 February 1993, I have asked that the provisions in relation to confiscation of boats convicted of serious fishing offences be reviewed. The examination of the legal aspects of the matter in consultation with the Attorney General's Office is ongoing. On completion of this examination I will consider whether the relevant legislation should be amended in order to increase the likelihood that vessels are confiscated on a second or subsequent offence. Until the matter has been carefully assessed and all the legislative implications fully examined, it would be inappropriate to anticipate the conclusions which may be reached or the action which may be taken.
I thank the Minister for his reply. When the news first came to light that boats with secret holds were trawling in our waters it caused much anxiety, not alone to people involved in the fishing industry but to the public in general. It is unacceptable that boats with false holds are operating within a very short distance from our shores. Will the Minister say how many boats were discovered with false holds and what is their country of origin?
The largest number of boats discovered with false holds were Spanish boats. During 1992, 32 vessels were convicted of illegal fishing and the owners were fined an average of £22,263. There is a problem in relation to the so-called secret holds, which is a mean manifestation of fishing and is not in the context of the true maritime tradition. What I would like to do — I have already been in touch with the Attorney General in this regard — is to seek the confiscation of boats for a first offence. Under present legislation boats may be confiscated only for a second or subsequent offence. The penalty imposed at present is confiscation of fish and gear and a fine of £100,000, but inevitably that fine is not administered. As the Deputy is aware, inevitably when a boat is discovered to be fishing illegally the owner is fined and convicted. However, the boat may come back into the same waters under different ownership and if caught fishing illegally cannot be confiscated for a second offence. That is a matter that needs to be seriously addressed.
Is the Minister aware that there is a major investigation underway to establish whether Community funds are used in the purchase of these boats? As well as carrying frozen fish in false holds, dangerous items may be carried such as guns and ammunition.
We are now having an extension of this question.
The Deputy's suggestion is correct in that items other than fish could be carried in false holds. I am not aware of the availability of EC funding for these holds, as implied by the Deputy. I have no doubt that funds are given towards vessels but I think the Deputy will agree it would be an abuse of these funds to use them for the installation of false holds.
I am anxious to dispose of the two remaining questions. Can I please have the co-operation of Deputies in doing so?
