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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Illegal Fishing.

Penalties for illegal fishing

Summary

The maximum Irish fine was £100, compared with much higher penalties in the UK. The Minister said he planned legislation to increase fines and confirmed it would allow prosecution on indictment; Boland also raised possible Isle of Man jail sentences for vessel officers.

asked the Minister for Fisheries the maximum fine for foreign vessels convicted of fishing within this country's exclusive fishing limits; and how it compares with the maximum penalties for similar offences in Britain and in the Isle of Man.

Comment on this

The Fisheries (Consolidation) Act, 1959, prescribes a maximum fine of £100 on summary conviction of a foreign sea-fishing boat for illegal entry within the exclusive fishery limits of the State. Confiscation of the fish and fishing gear is mandatory where such a boat, having entered within the exclusive fishery limits whether lawfully or unlawfully, fishes or attempts to fish there.

I understand that under the United Kingdom Fishery Limits Act, 1976, the maximum fine for unauthorised fishing by a foreign fishing boat is £50,000 on summary conviction with provision for an unlimited fine on conviction on indictment. As well the court may order forfeiture of the fish and fishing gear.

As to the Isle of Man, I understand that foreign fishing boats convicted of illegal fishing within that country's three mile limit are liable on summary conviction to a maximum fine of £500 and the court may order the forfeiture of any fish and fishing gear found on the vessel. Where the illegal fishing occurs within three to 12 miles the prosecution is taken by the Isle of Man Government on behalf of the United Kingdom Government under the Fishery Limits Act, 1976, and the penalties prescribed by that Act apply. The prosecution of foreign fishing boats for illegal fishing outside 12 milts is taken by the United Kingdom authorities.

Comment on this

Has the Minister any plans to increase fines to a realistic level?

Comment on this

I have. A Bill is nearly to hand and I will introduce it in the Dáil in January.

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The sooner the better.

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I appreciate that.

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Could I ask the Minister——

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Joseph Brennan An Ceann Comhairle Fianna Fáil

Question No. 12. These questions are very alike and Deputies are asking so much irrelevantly that this will do for your supplementary.

Comment on this

I do not want to quarrel with you but this question is very different to the ones the Minister has been answering. I will try to compress what I want to know into one question but I may not succeed. I do not feel that the Minister for Fisheries should get off more quickly than any other Minister. If, as the Minister says, he is introducing a Bill in order to increase penalties for fishery offences, could he tell us whether the Bill will have built into it a provision for prosecution or indictment which will avoid difficulties of a legal kind which we confronted in the past?

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Joseph Brennan An Ceann Comhairle Fianna Fáil

The Deputy is anticipating the terms of the legislation. The Deputy knows as well as I do that this is not in order.

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May I ask the Minister whether his legislation would provide for prosecution on indictment?

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Yes. Because of the important delaying factor that would be involved in indictment procedures to keep certain boats from fishing for an extended period, it is very practical to have an indictment procedure.

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I am anxious to ask a supplementary question.

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Joseph Brennan An Ceann Comhairle Fianna Fáil

No.

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Is the Minister aware that, in addition to the penalties which he has outlined in relation to the Isle of Man, there are possible jail sentences in respect of the masters and mates of the vessels concerned? These were not referred to in the Minister's reply.

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That is right.

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Why did the Minister not refer to them?

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I did not go into the details of the Isle of Man or British legislation. I thought I gave a full reply. Anyway, I am meeting the point made by Deputy Kelly.

12.

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