Committee
Environment and Rural Development Committee, 31 Jan 2007
31 Jan 2007 · S2 · Environment and Rural Development Committee
Item of business
Aquaculture and Fisheries (Scotland) Bill: Stage 2
I will explain why we want to introduce a system of administrative penalties for certain sea fisheries offences. We wish to improve the effectiveness of sanctions and to provide a suitable deterrence; to preserve vulnerable fish stocks and to promote compliance; to divert fisheries offences from the court system, where appropriate, and so to reduce uncertainty for fishermen and legal costs to the fishing industry; to provide an alternative approach to prosecution in the court for minor offences; to increase consistency and transparency; and to protect those who observe the rules and, hence, the communities for which fishing is an important part of the economic fabric.Amendment 10 provides warranted British sea-fishery officers with the powers to issue fixed-penalty notices to a person whom an officer reasonably suspects of having committed a relevant offence. A relevant offence is an offence that will be specified by ministers from a ring-fenced category of offences related to sea fish and sea fishing.Amendment 11 provides for the detail that is to be contained in a fixed-penalty notice. That includes the penalty, the time available to pay it, the means by which it is to be paid and a statement to the effect that no criminal proceedings shall be commenced against a person who has timeously paid the amount. It also allows for a reduction in the 28-day period in relation to certain specified cases. Those are most likely to be cases relating to persons who are domiciled outwith the UK.Amendment 12 allows for a scale of penalties to be prescribed that will be applied by the British sea-fishery officer in relation to certain categories of cases, having regard to the circumstances of the case. The intended proposed maximum on the scale is £2,000.Amendment 13 provides that, on payment of a fixed penalty, no criminal proceedings may be brought against the person concerned for that offence, and that such payment is not a conviction and is not to be recorded as such.Amendment 14 provides the method by which a person can intimate before the expiry date of the fixed penalty that they do not intend to pay.Amendment 15 provides the basis on which proceedings in respect of an offence may be commenced by a procurator fiscal, after a fixed penalty has been offered.Amendment 16 makes provision to allow in certain circumstances for the withdrawal of a fixed-penalty notice, for the removal of liability to pay and for the repayment of any moneys paid.I move amendment 10.
In the same item of business
The Convener (Maureen Macmillan):
Lab
Good morning. I remind everyone to switch off their mobile phones and ensure that their Blackberrys do not interfere with the sound system. I welcome members...
Section 20 agreed to.
Section 21—Rod and line
The Convener:
Lab
Amendment 9, in the name of the minister, is grouped with amendment 9A.
The Deputy Minister for Environment and Rural Development (Sarah Boyack):
Lab
As colleagues will recall, section 25 contains an enabling provision that allows ministers to make subordinate legislation to"prohibit the use of specified b...
The Convener:
Lab
In the absence of Richard Lochhead, I ask Rob Gibson to move amendment 9A and speak to the other amendment in the group.
Rob Gibson (Highlands and Islands) (SNP):
SNP
The consultations at an earlier stage dealt with angling as a whole, so it is not surprising that 79 per cent of respondents were in favour of and 19 per cen...
Mr Ted Brocklebank (Mid Scotland and Fife) (Con):
Con
Like Rob Gibson, I am not a fisherman. When the matter came up in our evidence-gathering session, I did not know too much about the subject and I went along ...
Eleanor Scott (Highlands and Islands) (Green):
Green
I support amendment 9, first for the reasons to do with biodiversity that the minister mentioned and, secondly, for reasons to do with animal welfare—the wel...
Nora Radcliffe (Gordon) (LD):
LD
The minister's opening statement was helpful in setting out what is proposed and why, and the genesis of the proposal. I have thought long and hard about the...
Peter Peacock (Highlands and Islands) (Lab):
Lab
I was going to make two of the points that Nora Radcliffe made, so I will not speak about them, other than to emphasise the point about Ted Brocklebank's com...
Sarah Boyack:
Lab
Several issues have been raised, which I will try to deal with one at a time. In opposing amendment 9, neither Rob Gibson nor Ted Brocklebank engaged on the ...
Rob Gibson:
SNP
I am well aware of the biodiversity issues. My party has supported the protection of the powan in Loch Lomond and we are concerned that, in the Highlands and...
The Convener:
Lab
The question is, that amendment 9A be agreed to. Are we agreed?
Members:
No.
The Convener:
Lab
There will be a division.
ForBrocklebank, Mr Ted (Mid Scotland and Fife) (Con)Gibson, Rob (Highlands and Islands) (SNP)AgainstMacmillan, Maureen (Highlands and Islands) (Lab)Morrison,...
The Convener:
Lab
The result of the division is: For 2, Against 5, Abstentions 0.
Amendment 9A disagreed to.
Amendment 9 agreed to.
Section 21, as amended, agreed to.
Sections 22 to 25 agreed to.
After section 25
The Convener:
Lab
Amendment 10, in the name of the minister, is grouped with amendments 11 to 16.
Sarah Boyack:
Lab
I will explain why we want to introduce a system of administrative penalties for certain sea fisheries offences. We wish to improve the effectiveness of sanc...
The Convener:
Lab
No member has indicated that they wish to speak. It is unnecessary for the minister to wind up, as she has given a full explanation of the amendments.
Amendment 10 agreed to.
Amendments 11 to 16 moved—Sarah Boyack—and agreed to.
Before section 26
The Convener:
Lab
Amendment 17, in the name of the deputy minister, is grouped with amendment 23.