Oireachtas committee exposes shoddy thinking on Fisheries Bill
The committee has exposed the shoddy thinking behind the measure.
In its dissection of Marine Minister Noel Dempsey's stated rationale for various aspects of the bill and the failure to address its principal shortcoming the decriminalisation of less serious fisheries offences the committee has done a great service yet again in bringing some clarity to the issues.
The position of the fishing industry has been deliberately misconstrued by the minister. Lurid stories of multi-million fines and Mr Dempsey's threats that failure to pass his bill in its current form exposes the Irish taxpayer to millions of euro in fines are all part of his campaign of obfuscation.
It is becoming clear to the minister's colleagues who have been rather bemused at the rumpus surrounding the passage of what should be a non-controversial bill that something is deeply amiss.
The Irish fishing industry must have effective controls and penalties for fisheries offences. This has been stated on numerous occasions in recent months by industry leaders.
The industry does not oppose modernisation of the legislative framework. What it is insisting on, however, is that it be a real and effective modernisation which is fair in Irish and European terms.
However, the minister has equated the industry's calls for a system that meets these requirements and, incidentally, EU requirements as putting the taxpayer at risk of multi-million euro fines by the EU. He has repeated this mantra over and over in the past six months.
The fact is that whatever the outcome of existing EU cases against Ireland regarding fishing, they have nothing to do with the quality of legislation.
Neither will the present bill, if enacted, afford any further protection than exists at present.
This is because the present cases have nothing to do with legislation per se, but the implementation of legislation, whatever it may be.
Crucially, despite what Mr Dempsey says about deficiencies in the present legal framework arising from Supreme Court decisions, by his own admission in a letter to the Joint Oireachtas Committee the now celebrated Vincent Browne and Tom Kennedy cases have not led to even one potential prosecution for alleged fisheries offences proceeding to the courts.
What has happened since then, rather, is that a more severe section of existing laws has been used in which only stiffer penalties can be applied. No instance where a gap in the present law has led to inability to prosecute has been presented because such a case does not exist.
The industry has some sympathy with former minister Pat The Cope Gallagher who does understand the issues, but whose long-standing identification with the fishing industry rather perversely meant that the one person in government who might be in a position to address the real issues had his views discounted.
That his old department apparently contributed to this strange situation has not helped either.
Even at this late stage, surely it behoves Mr Dempsey to do some listening for a change? Is it the intention of the Government to let him put through flawed legislation?
In exasperation, fishing industry representatives wrote to the Taoiseach to seek his intervention. They did so not because a few serious offenders in the industry might be brought to book, but rather because they are deeply concerned for the survival of the vast and decent majority who depend on the industry.
We can only hope the Taoiseach will row in.
Lorcán Ó Cinnéide
Irish Fish Producers' Organisation
11 Elgin Road
Dublin 4
Seán O'Donoghue
Killybegs Fishermen's Organisation
Killybegs
Co Donegal
Jason Whooley
Irish South and West Fishermen's Organisation
Castletownbere
Co Cork.
