Minister to assure EU on fishery compliance

Minister for the Marine Noel Dempsey intends to give a personal assurance to EU Fisheries Commissioner Joe Borg that Ireland …

Minister for the Marine Noel Dempsey intends to give a personal assurance to EU Fisheries Commissioner Joe Borg that Ireland is taking measures to ensure full compliance with the Common Fisheries Policy.

Mr Dempsey has opted to attend his first EU Fisheries Council meeting next Monday in place of his junior minister, Pat The Cope Gallagher - fuelling speculation about Mr Gallagher's imminent transfer from the marine, amid deteriorating relations between the two men over the controversial Sea Fisheries and Maritime Jurisdiction Bill.

A spokesman for the Minister said Mr Dempsey would brief the fisheries commissioner on current progress in relation to alleged illegal fishing by Irish vessels.

The spokesman said the meeting is a "follow-up" to a recent letter sent by the Minister to the commissioner over alleged illegal landings by Irish pelagic (mackerel/herring) boats into Scotland.

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In a separate development, two Irish vessels were detained by fishery officers in Rossaveal, Co Galway, at the weekend over alleged over-quota landings.

The Minister has also made it clear that the Government is committed to maintaining a system of criminal penalties for sea fishery offences, in spite of last week's publication by the British government of proposals for an administrative system there.

The European Commission has already made it clear that it prefers administrative systems, which are more efficient and reduce State legal costs - and are in place in most EU member states.

"The United Kingdom does not possess a written constitution," a spokesman for the Minister said, commenting on the British consultation paper on administrative penalties, which was published by its Department for Environment, Food and Rural Affairs.

"Ireland is a sovereign nation and will make its own decisions based on our Constitution and our legal system," the spokesman said.

The British proposal claims that an administrative system will speed up procedures, avoid criminal prosecutions, reduce uncertainties over levels of fines by having clearly published fixed penalties, provide a consistent approach to dealing with infringements, and reduce the administrative burden on fishermen.

The Irish Fish Producers' Organisation said it was striking that not only was Ireland's closest EU neighbour taking a diametrically opposite view to the Government here, but was also consulting stakeholders.

"Such a consultative process of stakeholder impact assessment was mandated by the Taoiseach as early as last June for all legislation," Lorcan Ó Cinnéide, of the fish producers group, said.

"Nor is the British government rushing with the same unseemly haste - despite the fact that the British industry faces the same set of issues as the Irish," he added.

A spokesman for the Minister said the new legislation was required by two Supreme Court judgments, by impending EU actions against Ireland for alleged inadequate sea fisheries control and by the increasing evidence of systematic criminal activity in the industry by some.

Seán O'Donoghue, chief executive of the Killybegs Fishermen's Organisation, questioned the Minister's claim that a "€40 million fine" was being levied by Brussels against Ireland. A legal action against Ireland before the European Court of Justice related to inefficiencies within the Minister's own department on supplying data, he said.

Mr O'Donoghue also said the Minister's reference to specific breaches at last week's Oireachtas committee meeting may also have prejudiced any court hearings, as several of the cases had not yet been heard.

The Minister's spokesman said there had been consultation over the legislation, as it was discussed extensively both inside and outside of Dáil Éireann since its publication on October 3rd, 2005.

Editorial comment: page 15

Lorna Siggins

Lorna Siggins

Lorna Siggins is the former western and marine correspondent of The Irish Times