The Government's efforts to get new legislation to penalise fishermen for breaching EU fisheries' laws passed into law is to face further delays.
Fishermen have carried out a major campaign to oppose the Sea Fisheries Bill that provides for criminal sanctions against those breaking the law.
Yesterday, the Dáil's Communications, Marine and Natural Resources committee, chaired by Cork North Central TD Noel O'Flynn, postponed debate on the Bill for the third time, following a letter from Minister for the Marine Noel Dempsey.
However, TDs are to meet again this evening, along with Seanad colleagues, to debate the letter and see if they can agree that TDs should begin debating the legislation's committee stages. In his letter, Mr Dempsey said he believed that changes already made to the Bill protect "fishermen who act responsibly and deals effectively and fairly with those that fish illegally".
Irish taxpayers, he warned, will have to pay massive EU fines if Ireland does not properly penalise fishermen for breaking EU quota rules.
He would not, he said, allow multimillion euro profits from illegal fishing to be made at the expense of the Irish taxpayer.
"A small group of fishermen have deliberately flouted the law and made huge sums of money. Fishermen who are honest and comply with the law [and this, I believe, is the majority] have nothing to worry about in this Bill," he said.
Under EU regulations, fines and forfeitures would have to be substantial, which meant that they had to be dealt with by the courts in the State. "Within the Irish legal system administrative penalties are considered suitable for administrative deficiencies, eg failing to file a tax return in time or very technical breaches of regulations.
"They are inappropriate for deliberate infringements of the law that are intended to yield substantial financial gains to the wrongdoer," he said.
The legislation has provoked sharp rows between Mr Dempsey and his Minister of State, Pat "the Cope" Gallagher, who has openly opposed the legislation, even though he has been charged with piloting its passage through the Oireachtas.
However, Fine Gael TD John Perry claimed that the Minister's letter represented a seismic shift in his position.
Previously Mr Dempsey had argued that it would be unconstitutional to switch from a criminal to an administrative penalty system. Now, Mr Perry said he simply argued that an administrative penalty system would be "unsuitable".
A "vast and unbridged gap" exists between the legal advice given by the Attorney General Rory Brady to the Government and advice given to the committee, he said.
Fine Gael deputy Jim O'Keeffe said that it would be the worst thing in the world for the Government to jackboot through the legislation.
Denis O'Donovan of Fianna Fáil said that the Bill had been introduced rather hastily and without proper discussion.
He said that initially it had been said that the measures were needed to comply with EU regulations but that on a visit to Brussels he found that this was not the case.
Everywhere else in Europe, except Ireland and Britain, had systems of administrative fines in the fishing industries, he said.