Vol. 442 No. 4
40 Mr. J. O'Keeffe asked the Minister for the Marine his views on whether confiscation of fishing boats is the only way to prevent serious fishing offences in our waters; and the legislative proposals, if any, he has in this regard.
In the light of experience to date in the prosecution of serious fishing offences, I am of the view that effective legislative provisions allowing for the confiscation of vessels are essential if the illegal fishing activities of persistent offenders are to be addressed.
Last month I published the Fisheries (Amendment) Bill, 1994 which extends the scope of the confiscation of fishing vessels convicted of fisheries offences. This penalty was originally provided for in the Fisheries (Amendment) Act, 1983. In practice, however, following first convictions, owners have contrived to avoid the possibility of confiscation in the event of subsequent convictions by transferring the ownership of boats to new companies. The amendment contained in the Fisheries (Amendment) Bill will allow a court to order the forfeiture of a boat where an offence or a combination of offences is considered by the court to constitute a serious abuse of conservation measures and where conviction on a second or subsequent conviction for an offence is committed on board the same ship within three years of the date of the commission of the previous offence.
Where it is suspected that a change of ownership has been effected in order to evade the risk of forfeiture, the onus of proving to the satisfaction of the court that the change of ownership was bona fide will rest with the defendant.
I have given consideration to the argument that the confiscation of fishing vessels should be mandatory. I have come to the conclusion, however, that the imposition of penalties should be left to the courts. I am satisfied that the amendments being brought forward will close the loophole that exists in the present law and will empower the courts to order the confiscation of vessels where they deem it appropriate.
