Dempsey stands over fisheries legislation decision

MINISTER Noel Dempsey yesterday strongly stood over his refusal to allow controversial new fisheries legislation to include administrative as well as criminal sanctions.

The minister claimed he had never said that administrative sanctions were unconstitutional.

However, he said that some offences dealt with in the bill involved deliberate fraud and the falsification of records.

Mr Dempsey said that, in the context of legislation where large fines were needed as an effective deterrent, administrative offences would be "wholly inappropriate".

He was speaking yesterday at the Dáil Committee on Communications and Marine which will debate over 200 amendments tabled on the Sea Fisheries and Maritime Jurisdiction Legislation.

Yesterday, the committee, now into its second week of debate on the bill, reached the main areas of dispute between Mr Dempsey and the committee the issue of administrative sanctions.

A majority of the committee, including prominent Fianna Fail back-benchers Noel O'Flynn and Denis O'Donovan, have argued that administrative sanctions could be introduced for more minor offences.

They echo the concerns of fishing organisations that the legislation will criminalise all fishermen, and not just those found perpetrating major offences.

However, the FF members have said they will support the bill if the Government whip is applied.

Mr O'Donovan told the meeting: "If the whip is applied across my back, I will have to bear it. If the amendments were agreed... it would allow this bill to sail into calmer waters."

Mr O'Donovan, Mr O'Flynn, Martin Ferris (SF), Jim O'Keeffe (FG) and Tommy Broughan (Lab) have argued for administrative offences. Mr O'Donovan has said that neither he nor Mr O'Flynn had ever argued that criminal penalties should not remain for more serious offences.

But Mr O'Flynn said that EU Fisheries Commissioner Joe Borg had wanted a uniform administrative system and it was up to each country to move to that.

But Mr Dempsey differed, saying: "If the commission wants a unified system, it's up to it, and not to us."

Eamon Ryan (Greens) said he was not against administrative sanctions in principle but the devil was in the detail.

He pointed to one of Mr Ferris's amendments for log book infringements. He said that vessels up to 40 metres would only be subject to a fine of €3,000 and would not have to go to court until the fourth offence.

"My concern is that any 40m vessel may be landing fish worth half a million euro. That will not work as a disincentive," Mr Ryan said.

Mr Dempsey said that no committee member had produced a definition of minor offences or administrative offences.