Written Answers. - Parliamentary Debates - Houses of the Oireachtas

Questions— 14 February 2012. Written Answers
mission Proposal on TACs and quotas for 2012 to the Dail. This assessment set out my strategy
for the negotiation of Ireland’s quotas. Following intensive negotiations at the December EU
FisheriesCouncil TACs and quotas were established which protected the Irish fishing industry
while respecting the most up-to-date scientific data for priority stocks of critical importance to
our fleets.
Fish quotas are managed each year in close consultation with industry representatives.
In relation to the monthly allocation of whitefish stocks, my Department officials and the
representative producer organisations in the industry, both fishermen and onshore processors,
meet each month to make recommendations to me in relation to the quota to be allocated in
the coming month.
When making decision on the policy governing the allocation of pelagic stocks, such as
mackerel and herring, an extensive consultation process is undertaken. These consultations
provide the opportunity for those involved in the industry, to highlight their concerns and make
recommendations concerning the policy. This is the process which was used to determine the
polyvalent mackerel policy, the boarfish policy and the revised herring policy which is nearing
conclusion.
Proposed Legislation
574. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine
his proposals regarding the criminalisation Bill being removed with regard to our fishing industry.
[8263/12]
Minister for Agriculture, Food and the Marine (Deputy Simon Coveney): The Programme
for Government committed to replacing the criminal sanctions system for minor fisheries
offences with administrative sanction system to bring Ireland into line with other European
jurisdictions.
I sought the advice of the Attorney General on the matter. The Attorney General has
responded with a detailed advice on the issue which I am currently examining. The advice
highlights the difficulties in relation to the Constitution and in relation to the laws of the
European Community relevant to the question of implementing a system of administrative
sanctions for fisheries.
There are many significant differences between the legal systems in Ireland and that of other
EU Member States. Ireland’s constitutional and legal position provides certain basic rights
which must be respected within our system of justice. Furthermore, European Union legislation
requires that penalties for fisheries offences must be “effective, proportionate and dissuasive”.
That is, they must act as a deterrent and they must also ensure that there is no benefit gained
by infringing the rules.
Given the nature of the penalties involved, there is a general requirement under the Constitution
that alleged breaches of fisheries control regulations must be tried in a court of law. I
am continuing to actively examine the issue in the context of the Attorney General’s advice in
relation to the Programme for Government commitment.
At EU level, a new fisheries control framework was introduced in 2009 which came into
force at the beginning of 2010, following fisheries control failures identified by the EU Court
of Auditors across the EU. This new framework including the application of electronic
reporting of catches by all large and medium sized vessels, a new penalty points system, a
payback system for overfished quotas and provisions to allow for the suspension of Community
assistance in the event of non-compliance by Member States with the agreed control provisions.
597