Vol. 431 No. 2
2 Mr. Barrett asked the Minister for the Marine if the EC Council of Ministers have discussed the possibility of introducing EC legislation to allow member states to confiscate fishing boats where more than one infringement by the same boat has taken place; and if he will make a statement on the matter.
May I begin by referring the Deputy to my reply to a question from Deputy John Browne on 24 February last in which I indicated that penalties under Irish legislation are amongst the toughest in the Community with fines of up to £100,000 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 and additionally, where persistent offenders are concerned, the courts have discretionary powers to order the confiscation of the offending boats.
There is not, therefore, as the Deputy's question seems to imply any need for community legislation in this regard. The requisite powers already exist under national law. Within the framework of the legislation it is, or course, a matter for the courts to decide on the penalty to be imposed in individual cases and to date the penalty of confiscation has not been applied.
As I advised this House on 6 April last in response to a question from Deputy Clohessy, I have asked that the legal aspects of the matter be examined in consultation with the Attorney General's office. When this examination has been completed, I will consider whether the relevant legislation could be amended so as to increase the likelihood that vessels guilty of a second or subsequent offence will be confiscated. Of course, I would be anxious that in advance of that happening I would bring it before the relevant select committee.
While I appreciate that the Minister replied to a question last February I was making the point that there is a need for a common approach on the part of all EC members in dealing with the problem of countries who blatantly breach our laws by fishing near our coast. The penalties applicable do not seem to be a deterrent. Should we introduce a system similar to that in criminal law where a person who commits an offence can be extradited to the country where the offence was committed? If someone who breaches our law slips the net, so to speak, it should be possible under EC law and with the co-operation of other member states, to have his boat brought back to this jurisdiction so that he can be tried in our courts. In such cases confiscation would be an essential part of our punishment system.
I understand the Deputy's question to have a different emphasis. However, I take the Deputy's point. He wants the owners of boats who escape, having committed a crime in this jurisdiction, to be brought back from the jurisdiction in which they have sought refuge. I will look at this matter. I thought the Deputy's question related to the harmonisation of European Community laws in the context of confiscation of boats, fines and the removal of fishing gear. Harmonisation of those aspects of EC law would run contrary to the requirements of the laws of this island nation. The reality is that the laws of other member states in this area are less stringent than our laws. Our laws are much tougher than the laws of any of the other 11 member state. As I said, I will look at the first part of the Deputy's question.
Can we proceed to Question No. 3, please?
Because of time constraints I will respect the wishes of the Chair.
I am very grateful to the Deputy. I very much appreciate his interest in priority questions.
