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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Fishery Limit Infringement Prosecutions.

Aerial surveillance evidence in fishery prosecutions

Summary

Deasy and O’Keeffe pressed for aerial-surveillance evidence to be admissible in prosecutions of foreign trawlers, arguing it could improve policing and noting its use elsewhere. Lenihan said evidence is admissible if it meets existing rules of evidence, but the aircraft’s role is to locate vessels and alert the Navy, whose officers make the arrests and give evidence; he said the system was effective and had no plans to change the law.

asked the Minister for Fisheries and Forestry if under present legislation evidence secured through aerial surveillance can be used in prosecutions against foreign trawlers charged with infringement of our exclusive limits; and if not, the plans, if any, to permit such evidence.

Comment on this
Brian Lenihan Snr. Minister for Fisheries and Forestry (Mr. Lenihan) Fianna Fáil

There is no specific legislation governing the use of evidence secured through aerial surveillance in prosecutions against foreign trawlers. When information obtained in this manner complies with the present requirements of evidence, such evidence will be admissible in the courts. I have no plans to alter the present position.

Comment on this

Is the Minister aware that such evidence is accepted in the courts of other countries?

Comment on this

It has not caused any practical difficulty in regard to the apprehending of these boats. The normal procedure is that the plane acts as a spotter and is able to ascertain when a boat is inside our waters. It immediately notifies a naval boat and the naval boat makes the actual arrest. I am satisfied that that procedure is effective. Planes are equipped with a global navigation system which enables them to ascertain the precise latitude and longitude of the vessel at sea. They can communicate instantly with the naval vessel. The naval vessel is the only practical way of effecting an arrest. A plane cannot arrest a boat.

Comment on this

Can the Minister be serious? Surely aerial surveillance would make the task of policing our waters much easier?

Comment on this

It is doing that. Due to my efforts we are obtaining two new boats that will be built in Cork equipped with helicopter pads to provide further aerial surveillance. This is part of the £30 million I secured and which is now being paid out of EEC funds to the Government.

Comment on this

Why can this evidence not be accepted in court?

Comment on this

The Deputy does not understand. It is part of the law of evidence and has nothing to do with me. I have to work within the laws of evidence existing in the Irish courts.

Comment on this

If courts in other countries can accept this evidence, and it has been unsuccessfully challenged in international courts, why can we not follow suit?

Comment on this

I am satisfied that the work is being done effectively. I am not concerned about the laws of evidence in other countries.

Comment on this

Does the Minister remember that when we were dealing with a Bill increasing fishery fines he promised he would look into this matter——

Comment on this

I did so.

Comment on this

——and if at all possible would implement it?

Comment on this

The courts are bound by the laws of evidence and will accept evidence as they decide to do so within the framework of the laws.

Comment on this

Can we change existing legislation?

Comment on this
Jim O'Keeffe Mr. O'Keeffe Fine Gael

Is the Minister aware of any case where a prosecution was brought against a foreign poacher where evidence of the reconnaissance plane was given?

Comment on this

It is not required. They make the initial spotting from the plane or, hopefully in the future, helicopter. That information is communicated to the naval vessel. The vessel makes the actual arrest and gives evidence of arrest and evidence in court. That is the way it works.

Comment on this
Jim O'Keeffe Mr. O'Keeffe Fine Gael

That is the way it works here, inefficiently.

Comment on this

That is modern Ireland.

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

There are too many debates.

Comment on this
Jim O'Keeffe Mr. O'Keeffe Fine Gael

There is a serious point and the Minister is evading the question. Would the Minister accept that it would be an improvement of our system and lead to more effective policing if evidence could be given in the courts here from the aerial reconnaissance plane in the same way as is given in other countries?

Comment on this

I do not accept the imputation in the Deputy's remarks that our system of apprehension, arrest and court charging is in any way inefficient or ineffective.

Comment on this
Jim O'Keeffe Mr. O'Keeffe Fine Gael

May we take it that the Minister does not wish to improve our system?

Comment on this
Joseph Brennan An Ceann Comhairle Fianna Fáil

Order. Question No. 16.

Comment on this