Aontú Senator Sarah O’Reilly has welcomed the full review of the Sea-Fisheries and Maritime Jurisdiction Act 2006, saying the current system unfairly exposes Irish fishermen to criminal prosecution in situations where other sectors, and other EU countries, take a more proportionate approach.
Welcoming recommendations from the Joint Oireachtas Committee on Fisheries and Maritime Affairs, Senator O’Reilly said the legislation is now twenty years old and no longer reflects the realities of the modern fishing industry.
“Fishermen support sustainable fishing and proper regulation, but the current system is overly punitive and too heavily focused on criminal sanctions. In sectors such as agriculture and food safety, issues are often dealt with through administrative processes. In fisheries, however, people can face criminal prosecution, court proceedings and penalty points even for minor or accidental breaches.”
Senator O’Reilly said evidence presented to the Committee showed Ireland’s enforcement regime is significantly harsher than many other EU countries.
“The report highlights examples where offences that would result in warnings or small administrative penalties elsewhere in Europe can lead to criminal sanctions and penalty points in Ireland. That imbalance needs to be addressed.”
The Senator welcomed recommendations from the Committee report that the Sea-Fisheries Protection Authority be given discretion to apply non-criminal sanctions for minor infringements and that the current dual sanction system be reviewed.
“A fisherman should not face both criminal and administrative sanctions for the same offence. The law needs to recognise the difference between deliberate wrongdoing and genuine mistakes.”
She said the review of the 2006 Act provides an opportunity to create a system that is fair, proportionate and consistent with international practice.
“I hope the Minister engages with this report and appreciates that it has considered and included submissions from fishing organisations and representatives. Irish fishermen cannot be expected to operate under harsher restrictions and legislation than fishermen in other EU countries.”
