Vol. 442 No. 4
30 Mr. J. O'Keeffe asked the Minister for the Marine the number of times in the past two years Spanish and other foreign fishing boats were found to have secret or hidden holds; and the proposals, if any, he has to deal with this situation.
To date a total of 17 foreign registered vessels have been arrested by the Irish Control Authorities for having concealed fish compartments, generally known as hidden holds. The owners of vessels on which hidden holds are discovered are charged with failure to carry on board an accurate capacity plan as required under Commission Regulation (EEC) No. 1381/87 and given effect under Irish law by the Sea Fisheries (Marking and Documentation of Sea-Fishing Boats) Order, 1987 (S.I. No. 253 of 1987).
Such holds are frequently found to contain illegal nets of undersize mesh or undersize fish which have not been entered in the log book. At present the maximum fine which the court may impose for having a concealed hold is £10,000. On 13 April 1994, during the Second Stage debate on the Fisheries (Amendment) Bill, I announced my intention to bring forward an amendment on Committee Stage which would increase the maximum fine for hidden holds to £50,000. Some Deputies are of the view that fine is not sufficient, they may table amendments to have it increased and I undertake to consider them. Having illegal undersize nets on board will in future also attract a maximum fine of £50,000 while the possession of undersize fish will be subject to a maximum fine of £20,000, double the present level.
In addition, the Bill provides for the confiscation of vessels where an offence or combination of offences is considered by the courts to constitute a serious abuse of conservation measures.
The practice of having concealed holds would constitute a serious abuse as envisaged under the new legislation since it represents a premeditated violation of the law and demonstrates a serious disregard for the conservation of fisheries resources.
These increased penalties which will be introduced into the Bill reflect the serious view which the Government takes of such abuses and its determination to stamp out this practice.
Will it be mandatory to confiscate boats with concealed holds at the time of seizure? The Minister seemed doubtful about the implementation of that provision in the new legislation.
There will not be instant justice. The boat would be seized, the case would go through the due process of law and it would be a matter for the courts to interpret the confiscation provision in the Fisheries (Amendment) Bill when it is enacted. I hope the wishes of the Deputy will apply and that boats involved in a first offence of a serious nature will be confiscated.
Will the judge, not the Minister, have the power to confiscate a vessel?
It is a matter for the courts to interpret legislation. I could not act in a judicial capacity. I only make the law and implement Government policy but it is a matter for the courts to make decisions arising from the will of the democratic assembly and the people.
Under the new legislation will it be mandatory to boats fishing illegally?
Yes.
I am delighted that is the case. I look forward to a rejuvenated fishing fleet and no doubt the Minister will have many boats to hand out.
I understand that when a boat is finally confiscated there is difficulty in deciding what to do with it. Has a decision been taken about what will happen to a yacht involved in a recent drugs haul that is in the process of confiscation? Will the Minister agree that science has been found to be ineffective in respect of Spaniards who violate our fishing rights as they have a substantial fund, can afford to pay fines and will fish in the waters again? Will he also agree that confiscation may be the only option available to curtail such illegal fishing?
It is the intention of the Legislature that the courts interpret the law in a manner which would allow confiscation for the first offence. The Deputy is aware of the history in this area where in many cases the name of the boat and the boat owner's name may be changed and, consequently, offenders slip through the net of the courts. The yacht to which the Deputy referred is the Brime and is subject to court proceedings. Two individuals, allegedly caught drug smuggling, have appealed to the Supreme Court and the yacht cannot be released until the case is concluded.
On the disposal of the yacht, presumably after these people have been convicted — I am not certain that will happen, nor should I comment on it — if the yacht is released by the courts to the State, the State will have a number of options open to it. There is the possibility of the naval service retaining it, of it being made available to the Garda Síochána or — I favour this proposition which was put to me by a very prominent member of the fishing community — that it be made available to Asgard, the excellent committee that does so much work on behalf of deprived children. Many young people are trying to get on Asgard annually, but, unfortunately, they cannot all be accommodated. Perhaps this will be the solution to the problem. These good options are being examined and a case can be made for each one.
