The Government's decision to amend some of the more controversial elements of a new maritime legislation Bill has been given a qualified welcome by chairman of the Joint Oireachtas Committee on Communications, Marine and Natural Resources Noel O'Flynn (FF).
However, Mr O'Flynn said the committee has sought its own legal advice on the current situation where fisheries offences are subject to a criminal, rather than administrative, penal system.
Ireland is one of very few EU states which maintains a criminal system, and the Attorney General has advised the Government that administrative fines are not possible under the Constitution.
Britain is currently moving towards an administrative system, and Oireachtas committee members believe that Ireland should follow suit.
Mr O'Flynn said he gave a broad welcome to the amendments to the Sea Fisheries Maritime Jurisdiction Bill.
The amendments were proposed by Minister of State for the Marine Pat the Cope Gallagher late last week in advance of committee stage this Thursday.
The changes would allow for "fair and proportionate" legislation, said Mr O'Flynn.
Under the amendments the Naval Service will not be given powers to fire into vessels, and fishing vessels will not be forfeited when repeat offences occur.
A new independent regulatory agency for sea fisheries protection will be established, which will be separate from the Minister's department.
The amended legislation will introduce graduated fines for offences based on vessel size.
Fianna Fáil TD for Cork South West Denis O'Donovan, who is also a member of the joint Oireachtas committee, said that his major concerns had been resolved.
The Ard Mhuire was apprehended by the LE Ciara 11 miles east of Skerries, Co Dublin, and was escorted into Skerries.
The vessel was detained for allegedly failing to have a vessel monitoring system (VMS) fitted, as required by vessels over 15m.
This is the first case of a detention here under this regulation, and the second fishery arrest this year by the Naval Service.
