The purpose of this section and sections 11 and 12 is to clarify the procedures to be followed in the detention of fishing boats suspected of operating in breach of fisheries legislation.
SECTION 10.
Question proposed: "That section 10 stand part of the Bill."
Will these new sections apply to all vessels suspected of being involved in illegal fishing? It is a widespread provision.
It is a "catch all" provision, if I may use that expression.
How will it improve the present position?
Section 233 (1) (g) of the Fisheries (Consolidation) Act, 1959, as inserted by section 11 of the Fisheries (Amendment) Act, 1978, gives a sea fishery protection officer the power to detain a boat where he suspects that an offence has been committed. The amendment will mean that a naval officer who detains a boat will be able to hand it over to a Garda who will then seek a detention order for the boat while the naval officer returns to sea. It streamlines the section.
May I take it that this section refers mainly to salmon fishing?
It refers to all fishing fleets, in particular the Spanish fleets. That is against the directive, but the Deputy will appreciate that that is to whom we should all be directing our focus.
The section is giving far-reaching powers. Will a half decked boat caught in the act of illegal salmon fishing be including in this new legislation?
The navy is not concerned with half deckers. I will give a background to sections 10, 11 and 12. In recent years, a number of prosecutions have failed where a garda seeking a detention order was adjudged to have acted on the hearsay evidence of the naval officer who detained the vessel. The purpose of the amendment is to clarify the procedures that may be used and will mean that the sea fisheries protection officer who seeks the detention order need not be the same officer who detained the boat. Accordingly, the naval officer who detained the vessel will be able to hand it over to a garda - both of whom fall within the definition of sea fisheries protection officer - who will then be able to seek a detention order. The garda will be able to tell the court that on the basis of what he had been told by the naval officer he has formed a reasonable suspicion that an offence has been committed and this is sufficient for the court to order that the boat be detained. The naval officer, meanwhile, will be free to return to sea. He will, of course, have to be present at the trial to give evidence. The purpose of these sections is to get over the hearsay rule.
Will the implications of sections 10, 11 and 12 mean there will be widespread detention and seizure of boats?
No. The position will remain the same. There will not be a witch-hunt and that was never the intention, I give the Deputy that assurance. He will have the opportunity to raise the matter elsewhere if what I say proves not to be the case in future.
Question put and agreed to.
Sections 11 and 12 agreed to.