Legalize / Ireland / Act

Sea-Fisheries and Maritime Jurisdiction Act 2006

Type Act

Publication 2006-04-04

Last updated 2025-12-09

State In force

Source Irish Statute Book

articles 127

Reform history JSON API

"commission", in relation to an offence, includes an attempt to commit the offence;

"computer at the place which is being searched" includes any other computer, whether at that place or at any other place, which is lawfully accessible by means of that computer;

"place" includes a dwelling, a building or other structure or part of a building or other structure, a vehicle, a sea-fishing boat or other vessel, an aircraft, an installation in the territorial seas or in a designated area (within the meaning ofF38[the Maritime Jurisdiction Act 2021]) and a tent, caravan or other temporary or movable structure;

"thing" includes any thing that may be inspected by a sea-fisheries protection officer pursuant tosection 17or18.]

18. Powers of sea-fisheries protection officer relating to fishing boats.

18.— (1) A sea-fisheries protection officer, for the purposes of enforcing the Sea-Fisheries Acts 2003 and 2006 or a Community Regulation with respect to any sea-fishing boat within a port in the State, the exclusive fishery limits or (subject to Community law or international law) outside those limits, may—

(a) if the boat is underway, order it to be stopped or be manoeuvred as directed for the purposes of identification or of allowing the officer to go on board it,

(b) board the boat,

(c) require the owner, master or member of the crew of the boat to produce the certificates of registry, licences, authorisations, logbooks or other records relating to the boat or any fishing gear or equipment thereon, the crew or any member of the crew, which are in his or her possession or control, and inspect and take extracts from or copies of them,

(d) require the master of the boat to give an explanation concerning the boat or any fishing gear or equipment on it or concerning the boat’s fishing activity and the certificates, licences, authorisations, logbooks, or other records relating to it,

(e) inspect the satellite-tracking device and any other positioning equipment on the boat and require the owner, master or member of the crew of the boat to demonstrate the operation of that equipment, for the purposes of verifying whether that equipment is operated properly, has not been tampered with or otherwise modified or interfered with and is protected against improper use,

(f) search the boat (including any package, hold, tank, container or boat or other craft on board),

(g) request and take the name and address of any person on board the boat,

(h) request co-operation and assistance from the master or crew of the boat in relation to the inspection, examination and detention of the boat or any fishing gear, equipment or sea-fish on it,

(i) if he or she reasonably suspects that there has been a contravention by any person on board the boat of this Part, without summons, warrant or other process—

(i) if the boat is not in a port, take or instruct that the boat and all persons on board be taken to port or order the master of the boat to take the boat directly to a specified port, and pending the taking of the steps required by section 20 or 21, as may be appropriate, detain the boat and the persons on board, or

(ii) if the boat is in a port, detain the boat and the persons on board at the port or take it and them to a more convenient port and there detain it and them, pending (in either case) the taking of those steps.

(2) A sea-fisheries protection officer shall avoid the use of force except when and to the degree necessary to ensure the safety of the officer and where the officer is threatened, obstructed, intimidated or interfered with in exercising his or her duties. The degree of force shall not exceed that reasonably required in the circumstances.

(3) A sea-fisheries protection officer, who is not in uniform, shall if requested by a person affected produce evidence of his or her authority.

(4) A sea-fisheries protection officer when exercising any powers under this section may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials (including firearms or other weapons (where he or she or any of those other persons is a member of the Defence Forces or the Garda Síochána)) to assist the officer in the exercise of those powers.

(5) The master of a boat who fails to obey—

(a) an order for the boat to be stopped or to be manoeuvred in accordance with directions, or

(b) an instruction for the boat to be taken to a specified port,

given by a sea-fisheries protection officer under this section commits an offence and is liable—

(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 2 years, or to both.

19. Detention of boats and persons on board when offences suspected.

19.— (1) Where a sea-fisheries protection officer has, in the exercise of the powers conferred on him or her by section 18 or by section 26(2)(e) of the Act of 2003, detained a boat and the persons on board the boat at a port, any sea-fisheries protection officer who suspects that a person on board the boat has committed an offence under a relevant provision shall (unless he or she is proceeding under section 21), as soon as may be, apply to a judge of the District Court for an order authorising the continued detention of the boat and those persons, and the judge may grant an order authorising such detention for a period of 48 hours if he or she is satisfied that the applicant sea-fisheries protection officer has such suspicion and it is reasonable.

(2) Upon the expiration of the period of 48 hours—

(a) the boat shall be released, unless an order or an application for an order providing for its further detention has been made under this section before the expiration of that period of 48 hours, and

(b) each person on board the boat shall be released, unless an order providing for his or her further detention has been made under this section before the expiration of that period.

(3) In this section “application for an order” includes mentioning to the court that an application will be made to the court.

20. Detention of boats and persons charged or to be charged pending prosecution.

20.— (1) Where a sea-fisheries protection officer has in exercise of the powers conferred on him or her by section 18 or by section 26(2)(e) of the Act of 2003 detained a boat and the persons on board the boat at a port, any sea-fisheries protection officer shall, as soon as may be, bring the master of the boat and any other persons on board the boat against whom proceedings for an offence under a relevant provision have been or are about to be instituted before a judge of the District Court.

(2) Subject to subsection (3), the judge shall, if he or she is satisfied that such proceedings have been or are about to be instituted against the master and those other persons or any one or more of them, by order, directed to a sea-fisheries protection officer, require the officer to detain at a specified port in the State the boat and each such person (including the master) in respect of whom he or she is satisfied that proceedings have been or are about to be instituted, until the proceedings have been determined.

(3) The judge may order the release on bail of a person against whom such proceedings have been instituted before the proceedings have been determined.

21. Detention of boats pending determination of any proceeding (including appeals) under relevant provision.

21.— (1) (a) Where—

(i) a person is convicted by a judge of the District Court of an offence under a relevant provision or proceedings in relation to such an offence are dismissed by a judge of the District Court, and

(ii) the boat, on which the person committed the offence or to which the proceedings related, has been detained under section 18 or section 26(2)(e) of the Act of 2003,

the judge shall, by order directed to a sea-fisheries protection officer, require the officer in the event of an appeal from, or any other proceedings in relation to the order of the District Court or the order of any other court to which the case is brought, whether by way of appeal or otherwise, to detain the boat further pending the determination of the appeal or other proceedings (and any proceedings consequent upon the appeal or the other proceedings) at a specified port in the State.

(b) Where—

(i) a person is sent forward for trial or for sentence by a judge of the District Court to a court other than the District Court, charged with an offence under a relevant provision, and

(ii) the boat on which the person committed, or is alleged to have committed, the offence has been detained under section 18 or section 26(2)(e) of the Act of 2003,

the judge shall, by order directed to a sea-fisheries protection officer, require the officer—

(I) to detain the boat further at a specified port in the State pending the determination of the case in that other court, and

(II) in the event of an appeal from, or other proceedings in relation to the order of the District Court or of the other court to which the person is sent forward under this paragraph or of any other court to which the case is brought, whether by way of appeal or otherwise, to detain the boat further pending the determination of the appeal or the other proceedings (and any proceedings consequent upon the appeal or the other proceedings) at a specified port in the State.

(2) (a) Where, in respect of an offence under a relevant provision, an order is made under section 20 or subsection (1) in relation to a boat, a judge of the District Court may, at his or her discretion, by order directed to a sea-fisheries protection officer, require the boat to be released if security, which in the opinion of the judge is satisfactory, is given for payment, in the event of conviction of the defendant in respect of the offence or in the event of his or her failure to attend before any court when such attendance is required, in relation to the offence or any trials, appeals or other proceedings in relation to the offence, of a sum that, in the opinion of the judge, is sufficient to provide for—

(i) payment of the maximum fine ordered, or which may be ordered, to be paid in respect of the offence,

(ii) the estimated amount of the costs (if any) of any trials, appeals or other proceedings in relation to the offence awarded, or which may be awarded, against the defendant concerned, and

(iii) the estimated value of any forfeitures ordered, or which may be ordered, to be made upon the final determination of any trials, appeals or other proceedings in relation to the offence.

(b) The security provided for in paragraph (a) is in addition to and not in substitution for any other bond or recognisance which the defendant concerned may be required to enter into by the judge of the District Court concerned in relation to any trials, appeals or other proceedings in respect of the offence concerned.

(3) Where an order is made under this section for the detention or release of a boat, the boat shall be detained or released, as the case may be, in accordance with its terms.

22. Recovery of fine for offence under relevant provision and possession by sea-fisheries protection officer of articles forfeited.

22.— (1) The following provisions have effect in relation to the recovery of a fine for an offence under a relevant provision and the costs (if any) ordered to be paid by the person convicted of the offence:

(a) the Court shall fix a time within which such costs and fine (if any) are to be paid;

(b) where the boat to which such person belongs is, at the time of the hearing of the proceedings for such offence, detained under this Chapter, the Court shall by order directed to a sea-fisheries protection officer or officers require such officer or officers to detain further, until such fine and costs (if any) are paid, at a specified port in the State such boat, and such boat shall be detained accordingly;

(c) in the event of such fine and costs (if any) not being paid within the said time, such fine and costs (if any) may be recovered by distress and the sale of such boat (including the capacity thereof);

(d) nothing in the foregoing paragraphs of this subsection shall prevent such fine and costs (if any) being recovered from such person by ordinary process of law.

(2) Where—

(a) any article on board a boat is ordered under Chapter 4, by a court to be forfeited or, as a statutory consequence of conviction by a court, stands, under Chapter 4, forfeited, and

(b) the boat is detained under section 19 or section 26(2)(e) of the Act of 2003,

the Court may, on the application of the prosecutor, by order directed to a sea-fisheries protection officer, authorise such officer to detain such boat until possession has been taken of the article forfeited, and such boat may be detained accordingly.

(3) Where an article on board a boat is forfeited under a relevant provision, a sea-fisheries protection officer may request the master of such boat to make available such facilities (including the moving of the boat from place to place and the doing of things upon, to or with such boat, its equipment or machinery) as such sea-fisheries protection officer may reasonably require for the purpose of enabling him or her to take possession of the article.

(4) Where the master of a boat fails or refuses to comply with a request made to him or her under subsection (3), he or she commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

23. Trial in District Court of person charged with offence on boat detained by sea-fisheries protection officer.

23.— (1) Where—

(a) a sea-fisheries protection officer has in exercise of the powers conferred on him or her by section 18 or by section 26(2)(e) of the Act of 2003 detained a boat and the persons on board it at a port in the State, and

(b) a person (being one of those persons) is alleged to have committed an offence under this Part,

the person may be brought before the appropriate judge of the District Court and—

(i) if the offence is not an offence under a section specified in a Table, that judge may hear and determine the case, or

(ii) if the offence is an offence under a section specified in that Table, that judge has jurisdiction to deal with the case under section 28(2) or (3), as may be appropriate.

(2) In this section “appropriate judge of the District Court” means the judge for the time being assigned to the district court district in which is situated the port in which the boat and persons concerned are detained.

(3) Subsection (1) shall not be read as affecting section 79 of the Courts of Justice Act 1924.

24. Offence — obstruction, etc., of sea-fisheries protection officer.

24.— (1) A person who—

(a) obstructs or impedes any sea-fisheries protection officer in the exercise of any of the powers conferred on such officer by this Part,

(b) refuses or fails to comply with any requirement or direction lawfully made or given by such officer under this Part (other than section 18),

(d) where—

(i) his or her name and address is requested of him or her by a sea-fisheries protection officer under section 17(1)(i) or 18(1)(g), refuses or fails to give his or her name and address or gives a name or address which is false or misleading, or

(ii) the name and address of any other person is lawfully requested of him or her by a sea-fisheries protection officer under section 17(1)(i), refuses or fails, knowing such name and address, to give the name or address or gives a name or address which is false or misleading,

commits an offence and is liable on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 2 months, or to both.

(2) If a person—

(a) obstructs or impedes a sea-fisheries protection officer so as to prevent or to attempt to prevent the officer exercise any of his or her powers under this Part, or

(b) whose name and address is lawfully required by a sea-fisheries protection officer under this section refuses to give his or her name and address or gives, as his or her name or address, a name or address which is reasonably believed by such officer to be false or misleading,

the officer or another sea-fisheries protection officer may (being a member of the Defence Forces or Garda Síochána or an officer of Customs and Excise) arrest, without warrant, the person and, if that officer is not a member of the Garda Síochána, shall, as soon as practicable, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law.

25. Offence — assaulting sea-fisheries protection officer.

25.— (1) A person who assaults a sea-fisheries protection officer in exercise of any power conferred on a sea-fisheries protection officer under this Part or Part 4 of the Act of 2003 commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years, or to both.

(2) If a person assaults a sea-fisheries protection officer in the exercise of his or her powers under this Part or the Act of 2003 the officer or another sea-fisheries protection officer may (being a member of the Defence Forces or Garda Síochána or an officer of Customs and Excise) arrest, without warrant, the person and, if that officer is not a member of the Garda Síochána, shall, as soon as practicable, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law.

(3) Section 15(1) of the Act of 1994 is amended by deleting “sea-fisheries protection officer”.

26. Immunity of sea-fisheries protection officer.

26.— A sea-fisheries protection officer or a person acting under the orders of a sea-fisheries protection officer is not liable in any proceedings for anything done in the purported exercise of the powers of a sea-fisheries protection officer under this Part if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

26A. F39[Data Transfer

26A.—(1) (a) Information held by the Authority for the purposes of the Fisheries Acts 1959 to 2022 may be transferred by the Authority to the Revenue Commissioners.

(b) Information held by the Revenue Commissioners for the purposes of a relevant Act relating to income derived from the fisheries sector may be transferred by the Revenue Commissioners to the Authority.

(2) In this section, "relevant Act" means—

(a) an Act that is a Tax Act within the meaning ofsection 1(2) of theTaxes Consolidation Act 1997, or

(b) theValue-Added Tax Consolidation Act 2010.]

Chapter 4

27. Option for accused persons as regards proceedings in relation to indictable offences under Sea-Fisheries Acts 2003 and 2006.

27.— (1) (a) A person charged with an indictable offence under Chapter 2 or the Act of 2003 may, with the consent of the prosecutor, elect to be sent forward for trial in the Circuit Court on a plea of not guilty.

(b) In that event, the prosecutor shall cause to be served on the accused person or the solicitor (if any) for that person, within 42 days after the not guilty plea is entered (or such longer period as the District Court may determine under subsection (2)(a)), any documents that under section 4B or 4C (inserted by section 9 of the Act of 1999) of the Act of 1967 are required to be served and have not already been served and a copy of those documents to be furnished to the District Court.

(2) (a) The District Court may, on the application of the prosecutor, extend the period within which any documents required under section 4B of the Act of 1967 are to be served, if satisfied that—

(i) there is good reason for doing so, and

(ii) it would be in the interests of justice to do so.

(b) An application may be made and an extension may be granted under paragraph (a) before or after the expiry of—

(i) the period of 42 days mentioned in subsection (1), or

(ii) any extension of that period granted under paragraph (a).

(c) Where it refuses to grant an extension, the District Court shall strike out the proceedings against the accused in relation to the offence.

(d) The striking out of proceedings under paragraph (c) does not prejudice the institution of any further proceedings against the accused by the prosecutor.

28. Penalties and forfeiture for certain indictable fishery offences.

28.— F40[(1) A person guilty of an offence committed on board a sea-fishing boat under a provision of—

(a) Chapter 2 specified in column (2) of Table 1, or

(b) the Act of 2003 specified in column (2) of Table 2,

is liable, on conviction on indictment, to the fine specified in column (3) of that Table at the reference number at which that provision is specified in respect of the category of sea-fishing boat mentioned in that column and to the forfeiture specified insubsection (5).

(1A) A person guilty of an offence undersection 11, 12, 13, 14or15, which is not committed on board a sea-fishing boat, in respect of the buying, handling, weighing, trans-shipping, transporting, landing, processing, storing, documenting or selling of fish is liable, on conviction on indictment, to a fine not exceeding€100,000. Any fish found to which the offence relates used in the commission of the offence are, as a statutory consequence of the conviction, forfeited.]

(2) A judge of the District Court has jurisdiction to try summarily any offence referred to in F41[subsection (1) or (1A)] if—

(a) the judge is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,

(b) the prosecutor consents, and

(c) the defendant (on being informed by the judge of his or her right to be tried by a jury) does not object to being tried summarily,

and, upon conviction under this subsection, the defendant is liable to a fine not exceeding €5,000 and to the forfeiture specified in subsection (6).

(3) If at any time a judge of the District Court ascertains that a person charged with an offence referred to in subsection (1) wishes to plead guilty and the judge is satisfied that the person understands the nature of the offence and the facts charged, he or she may—

(a) with the consent of the prosecutor, deal with the offence summarily, in which case the accused is liable to a fine not exceeding €5,000 and to the forfeiture specified in subsection (6), or

(b) if the accused signs a plea of guilty, send him or her, with the consent of the prosecutor, forward for sentence with that plea to a court to which, if he or she had not pleaded guilty, he or she could lawfully have been sent forward for trial.

(4) Section 13(1) to (3) of the Act of 1967 does not apply in relation to an offence referred to in subsection (1). In subsection 13(4) (as amended by section 10 of the Act of 1999) of the Act of 1967 a reference to a person sent forward for trial under paragraph (a) of that section shall be read as including a reference to a person sent forward for trial under subsection (3)(b) of this section.

(5) Where a person is convicted on indictment of an offence specified in a Table, in addition to any fine the court may impose under this section—

(a) in the case of a conviction under section 8 or 9, it may order the forfeiture of all or any fish and fishing gear found on the boat to which the offence relates, or

F42[(b)in the case of a conviction under any other provision mentioned in a Table, any fish and fishing gear found on the boat to which the offence relates or found in any other place to which they had been moved from the boat are, as a statutory consequence of the conviction, forfeited.]

(6) Where a person is convicted summarily of an offence specified in a Table, in addition to any fine the court may impose under this section—

(a) in the case of a conviction under section 8 or 9, or a first conviction under any other provision mentioned in a Table, it may order the forfeiture of all or any of the following found on the boat to which the offence relates, namely—

(i) any fish unlawfully caught, and

(ii) any fishing gear used in the commission of the offence or to which the offence relates, or

(b) in the case of a second or subsequent conviction under any provision (other than section 8 or 9) mentioned in a Table, F43[…] the following found on the boat to which the offence relates, namely—

(i) any fish unlawfully caught, and

(ii) any fishing gear used in the commission of the offence or to which the offence relates,

are as a statutory consequence of the conviction, forfeited.

F44[(6A) Where a person who is convicted of an offence to whichsubsection (1A),(5)(b)or(6)(b)applies demonstrates that the mandatory forfeiture required by the subsection concerned is disproportionate, the court may in those exceptional circumstances adjust, modulate or mitigate the extent of the mandatory forfeiture order. In making this assessment the court shall have regard to the requirement that the severity of the sanctions must be commensurate with the seriousness of the breaches for which they are imposed, in particular by ensuring a genuinely dissuasive effect.]

F44[(6B) Where the Court decides undersubsection (6A)to substitute an order of forfeiture that it deems appropriate in place of a mandatory forfeiture required by this section as a statutory consequence of conviction, it shall give reasons for doing so.]

Where the Court decides under paragraph (a) not to order the forfeiture of all or any of the above it shall give reasons for not doing so.

(7) (a) The court may, in addition to any fine and forfeiture which it may impose or is as a statutory consequence of conviction imposed under this section, revoke or suspend, for such period as it sees fit, the sea-fishing boat licence granted in relation to the boat concerned.

(b) A licence revoked or suspended under this subsection shall be delivered as soon as practicable to the licensing authority after it is revoked or suspended.

(c) A person who fails to comply with paragraph (b) commits an offence and is liable on summary conviction to a fine not exceeding €500.

TABLE 1 — Fines - Provisions of Chapter 2

TABLE 2 — Fines - Provisions of Act of 2003

29. Non-obligation of Court to pronounce or record forfeiture where forfeiture falls as a statutory consequence of conviction.

29.— Where a person is convicted by a court of an offence specified in a Table F46[or undersection 28(1A)] and any fishing gear or fish under section 28 is, as a statutory consequence of the conviction, forfeited, then, notwithstanding any rule of law, it is not necessary for the court—

(a) to pronounce the fact of such forfeiture at the time of adjudication, or

(b) to record the fact of such forfeiture in the judge’s minute book, the charge sheet or in the order of conviction.

30. Disposal of forfeitures.

30.— Where any thing which, either as a statutory consequence of conviction or by an order of a court, is forfeited under section 28, is lawfully seized, the Secretary General may direct that such thing shall be sold or otherwise disposed of in such manner as he or she thinks fit for the benefit of the Exchequer.

31. Forfeiture of proceeds from disposal of illegally-caught fish.

31.— (1) Where it is shown to the satisfaction of the court on the balance of probability that fish were caught in contravention of any law of the State or of Community law or in contravention of any international agreement to which the State is a party, the appropriate market value from disposal of that fish shall be forfeited to the State and may be recovered, in accordance with this section, from—

(a) in the case of an Irish sea-fishing boat, the owner or owners of that boat as recorded in the Register of Fishing Boats if the boat is registered in that register or the holder of the sea-fishing boat licence for the boat concerned, or

(b) in the case of any other sea-fishing boat, the owner or owners of the boat concerned.

(2) A forfeiture under subsection (1)—

(a) shall be in addition to and not in substitution for any fine or other forfeiture which a court may impose in relation to the sea-fishing boat or sea-fishing concerned and shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs, and

(b) may be imposed where there were no proceedings for an offence in relation to the sea-fishing boat or sea-fishing concerned.

(3) Prima facie evidence that fish were caught illegally may be adduced by a sea-fisheries protection officer from the logbook or other records relating to the sea-fishing boat or sea-fishing concerned.

(4) In order to establish an appropriate valuation of the proceeds to be forfeited so as to reflect the economic effects of the illegal sea-fishing concerned, the court shall have regard to the greater of the following amounts—

(a) the amount of the proceeds of disposal according to any documentary evidence submitted by the owner of the sea-fishing boat concerned, within such period as the court may specify, or

(b) the appropriate market value of the sea-fish concerned involving a willing seller and a willing buyer operating at arms’ length, in so far as that value could reasonably be established:

Provided that where the sea-fish concerned were first disposed of for storage and were subsequently disposed of otherwise at a different value, the appropriate market value of the sea-fish concerned shall be taken to be the value of the disposal with the greater value.

(5) Proceedings under subsection (1) may be brought by or at the suit of the Minister.

(6) In this section—

“disposal” includes sale, exchange, barter or other transaction based on a valuation of the fish concerned;

“sea-fishing boat concerned” includes an Irish sea-fishing boat wherever it may be and any other sea-fishing boat which disposes of fish within the exclusive fishery limits or in a port or other landing place in the State.

32. Prosecutor may appeal dismissal of proceedings in District Court.

32.— (1) Where any proceedings tried summarily in the District Court for an offence under the Sea-Fisheries Acts 2003 and 2006 are dismissed, whether on the merits or without prejudice, the prosecutor may appeal against the order of dismissal to the judge of the Circuit Court within whose Circuit the courthouse where the order was made is situated.

(2) The judge of the Circuit Court on an appeal under subsection (1) may vary, confirm or reverse the order and his or her decision is final and conclusive and not appealable.

33. Proof that boat is foreign sea-fishing boat.

33.— (1) Where in any proceedings for an offence under this Part or the Act of 2003 there is evidence from which it appears to the court that the sea-fishing boat to which the alleged offence relates, or on board which such offence is alleged to have been committed, is either of a foreign character or of foreign origin or that at or about the time of the alleged offence such boat—

(a) wore no flag or wore a flag other than the national flag,

(b) had marked on its stern the name of any place other than a port mentioned in the Second Schedule to the Act of 1955, or

(c) had on board any books, papers or other documents from which it so appears that the boat was not an Irish ship (within the meaning of section 9 of that Act),

then, until the contrary is shown, such evidence shall be sufficient to prove that such boat is a foreign sea-fishing boat.

(2) Where in proceedings for an offence under this Part or the Act of 2003 it is proved that the sea-fishing boat to which the alleged offence relates, or on board which such offence is alleged to have been committed, wore at or about the time of the alleged offence a flag other than the national flag, the presumption raised by subsection (1), insofar as it depends on that proof, may be rebutted by the defendant proving that the flag so worn was not a flag distinctive of nationality.

34. Offence by body corporate, etc.

34.— Where an offence under the Sea-Fisheries Acts 2003 and 2006 is committed by a body corporate or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any other person who, when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer (including a member of such body), such other person as well as the body, or the person so purporting to act on behalf of the body, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

35. Service of trial documents — persons resident outside State.

35.— (1) Where a judge of the District Court proposes to make an order for the release on bail of a defendant before him or her, charged with an offence under the Sea-Fisheries Acts 2003 and 2006, who is ordinarily resident outside the State, he or she shall, unless he or she is satisfied that the following documents can be duly served on the defendant in the State, direct that all documents (including an indictment) required by law to be served on the defendant in connection with or for the purpose of the charge or of any proceedings arising out of or connected with the charge may, in lieu of being served on the defendant, be served on a person specified in the direction who is ordinarily resident in the State.

(2) Where a judge of the District Court who has given a direction under subsection (1) or another judge of the District Court acting in his or her place is satisfied that, owing to the death or absence from the State of a person specified in the direction or for any other reason a document referred to in subsection (1) cannot be served on that person, the judge shall direct that the document may be served on another person specified in the direction who is ordinarily resident in the State.

(3) Service of a document referred to in this section on a person specified in a direction under this section is deemed for all purposes to be service on the defendant concerned.

36. Defence.

36.— Where an offence under a relevant provision has been committed by any person on board a sea-fishing boat, and where the master or owner of the boat is charged with having committed the offence, it is a defence for him or her to show that—

(a) he or she used due diligence to prevent the commission of the acts alleged to constitute the offence and they were done without his or her consent, connivance or default, or

(b) the acts were necessary to secure the safety of the boat or any other vessel or person in peril on the sea.

37. Presumption.

37.— In a prosecution of an offence in relation to the catching, retention, storage on board, trans-shipment or landing of the fish concerned in contravention of Chapter 2 or section 25 of the Act of 2003, it shall be presumed, unless the contrary is shown, that the sea-fishing boat concerned was, at the time of the alleged offence, used for the catching, retention, storage on board, trans-shipment or landing of the fish concerned in contravention of the provision concerned, from—

(a) any fish relevant to the offence on board such sea-fishing boat,

(b) F48[any fishing gear or] other equipment or articles on board such sea-fishing boat indicating use of the boat for fishing, the retention, storage on board, trans-shipment or landing of fish relevant to the offence,

(c) evidence that such sea-fishing boat had on board any records from which it appears to the court that on the day on which the offence is alleged to have been committed fish relevant to the offence were caught, retained, stored on board, trans-shipped or landed contrary to the provision concerned,

(d) any admission by any person who is for the time being the master or another member of the crew, of such sea-fishing boat that at such time it was so used,

(e) any photographic evidence from which it so appears that the sea-fishing boat was so used or which in the opinion of the court suggests, or tends to suggest, that the sea-fishing boat was so used, or

(f) any data received by a Fisheries Monitoring Centre (within the meaning of Commission Regulation (EC) No. 2244/2003 of 18 December 2003 ^2 laying down detailed provisions regarding satellite-based vessel monitoring systems) monitoring the fishing activities of the boat from which it so appears that the sea-fishing boat was so used or which in the opinion of the court suggests, or tends to suggest, that the boat was so used.

38. Prosecution of summary offences — Sea-Fisheries Acts 2003 and 2006.

38.— (1) Proceedings for an offence under the Sea-Fisheries Acts 2003 and 2006 (other than a section specified in a Table) may be prosecuted summarily by the Minister.

(2) Notwithstanding anything contained in any other enactment, an offence under the Sea-Fisheries Acts 2003 and 2006, other than an offence specified in a Table, may be determined in a summary way by a judge of the District Court upon the complaint, verbal or otherwise, of a sea-fisheries protection officer.

(3) For the purpose of giving jurisdiction under the Sea-Fisheries Acts 2003 and 2006 any act which is an offence under those Acts and triable summarily shall, if committed by or on board a sea-fishing boat—

(a) be deemed to have been committed in any place in which the accused person may be, or

(b) which was within the exclusive fishery limits when the act was committed or when the accused person was arrested, be deemed to have been committed in a district court district abutting on that portion of those limits in which the boat was when the act was committed or the accused person arrested, as the case may be.

39. Prosecution of sea-fisheries offences by DPP and saver.

39.— (1) The Government, on the request of the Attorney General, may by order appoint a day from which the Director, subject to subsection (2), is the prosecutor in lieu of the Attorney General, of an offence under a section specified in a Table. That Order shall be laid before each House of the Oireachtas as soon as may be after it is made.

(2) Any proceedings in respect of an offence under a section specified in a Table or a Table to section 2 of the Act of 1978 which have been instituted in the name of the Attorney General before the commencement of an order under subsection (1) and are still pending and have not been determined before that commencement continue in the name of the Attorney General after that commencement.

(3) Any proceedings for an offence under a section specified in a Table to section 2 of the Act of 1978 which have not been instituted on the commencement of an order under subsection (1) shall be taken in the name of the Director. Accordingly, for the purposes of those proceedings, the reference to the Attorney General in section 2 of the Act of 1978 is to be read as a reference to the Director and section 18 of the Act of 1978 does not apply.

(4) Until the commencement of an order made under subsection (1)—

(a) section 3 of the Prosecution of Offences Act 1974 does not apply to the prosecution of an offence under a section specified in a Table or a Table to section 2 of the Act of 1978 or to any functions in relation to that matter to which, but for this subsection, it would apply, and

(b) references in section 62 of the Courts of Justice Act 1936 and section 6 of the Courts Act 1964 to the Director are, in so far as those sections apply in relation to the offences referred to in paragraph (a) or to any functions referred to in that paragraph, to be construed as references to the Attorney General.

(5) Subsection (4) stands repealed upon the commencement of an order made under subsection (1).

(6) In this section—

“Act of 1978” means Fisheries (Amendment) Act 1978;

“Director” means Director of Public Prosecutions.

Chapter 5

40. Establishment day.

40.— The Minister shall by order appoint a day to be the establishment day for the purposes of this Chapter. That order shall be laid before each House of the Oireachtas as soon as may be after it is made.

41. Establishment of Sea-Fisheries Protection Authority.

41.— (1) There shall stand established, on the establishment day, a body to be known in the Irish language as An t-Údarás um Chosaint Iascaigh Mhara, or, in the English language, the Sea-Fisheries Protection Authority, in this Act referred to as the “Authority”, to perform the functions assigned to it by or under this Chapter.

(2) The Authority shall be a body corporate with perpetual succession and shall have a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(3) The Authority shall have all such powers as are necessary for or incidental to the performance of its functions under this Chapter.

42. Independence of Authority.

42.— Subject to this Chapter, the Authority shall be independent in the exercise of its functions.

43. Functions of Authority.

43.— (1) The principal functions of the Authority are—

(a) to secure efficient and effective enforcement of sea-fisheries law and food safety law,

(b) to promote compliance with and deter contraventions of sea-fisheries law and food safety law,

(d) to provide information to the sea-fisheries and seafood sectors on sea-fisheries law and food safety law and relevant matters within the remit of the Authority, through the Consultative Committee established under section 48 or by any other means it considers appropriate,

(e) to advise the Minister in relation to policy on effective implementation of sea-fisheries law and food safety law: the Minister shall consider any such advice for the purposes of Chapter 2,

(f) to provide assistance and information to the Minister in relation to the remit of the Authority,

(g) to collect and report data in relation to sea-fisheries and food safety as required by the Minister and under Community law,

(h) to represent or assist in the representation of the State at national, Community and international fora as requested by the Minister, and

(i) to engage in any other activities relating to the functions of the Authority as may be approved of by the Minister.

(2) The Authority, subject to the approval of the Minister given with the consent of the Minister for Finance, may—

(a) for the purpose of carrying out its functions under subsection (1) make arrangements with or enter into agreements including Service Level Agreements or contracts with the Minister for Defence or, with the consent of the Minister for Defence, the Naval Service and the Air Corps of the Permanent Defence Forces, in respect of those functions for which they were responsible immediately before the establishment day or other functions of the Authority as may be appropriate,

(b) enter into agreements or make arrangements with any other Minister of the Government, or any other person, for that other Minister or person to perform on behalf of the Authority (with or without payment) any of its functions,

(c) enter into agreements or make arrangements with any other Minister of the Government or the Food Safety Authority of Ireland for the Authority to perform on behalf of that Minister or that other Authority (with or without payment) such functions as may appropriately be performed by it in connection with its functions under this Chapter.

44. Transfer of functions.

44.— (1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Authority.

(2) The functions vested in the Minister or Secretary General by or under—

(a) sections 28(3) and 33(3) of the Radiological Protection Act 1991,

(b) sections 16(1), 17(9), 30, 31(5) and 38, and

are, on the establishment day, transferred to the Authority.

(3) The Minister shall consult the Authority before making regulations under subsection (1), or an order under subsection (2), of section 32 of the Radiological Protection Act 1991.

(4) The Authority is an official agency, in lieu of the Minister, in respect of the enforcement of food safety law, for the purposes of the Food Safety Authority of Ireland Act 1998.

(5) Anything commenced before the establishment day by or under the authority of the Minister may, in so far as it relates to functions transferred by this section, be carried on or completed on or after that day by the Authority.

(6) Where, immediately before the establishment day, any legal proceedings are pending to which the Minister is the plaintiff or the prosecutor and the proceedings have reference to functions transferred by this section to the Authority, the name of the Authority shall, in so far as the proceedings relate to any functions transferred by this section, be substituted in those proceedings for that of the Minister or added in those proceedings as may be appropriate and those proceedings shall not abate by reason of such substitution or addition.

(7) Where, immediately before the establishment day, any legal proceedings are pending to which the Minister is a defendant and the proceedings have reference to any functions transferred to the Authority by this section, the Authority shall not be substituted for the Minister in those proceedings notwithstanding the transfer of functions under this Chapter.

(8) Every document (including any certificate or licence) granted or made in the exercise of a function transferred by this section shall, if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted or made by the Authority.

45. Transfer of assets and liabilities of staff, etc., transferred.

45.— (1) The following are transferred to the Authority on the establishment day—

(a) all property and rights relating to such property held or enjoyed immediately before that day by the staff, administration or business transferred to the Authority under section 44 or section 52, as the case may be, or any trustee or agent acting on their behalf, and

(b) all liabilities incurred before that day by the staff, administration or business so transferred, or any trustee or agent acting on their behalf, that had not been discharged before that day,

and, accordingly, without any further conveyance, transfer or assignment—

(i) that property, real and personal, shall, on that day, vest in the Authority for all the estate, term or interest for which, immediately before that day, it was so vested in the staff, the administration or business so transferred, as the case may be, but subject to all trusts and equities affecting the property subsisting and capable of being performed,

(ii) those rights shall, as on and from that day, be enjoyed by the Authority, and

(iii) those liabilities shall, as on and from that day, be liabilities of the Authority.

(2) Every right and liability transferred to the Authority by this section may, on or after the establishment day, be sued on, recovered or enforced by or against the Authority in its own name and it shall not be necessary for the Authority to give notice to the person whose right or liability is transferred by this section of the transfer.

46. Policy directions by Minister to Authority.

46.— (1) Subject to subsection (3), the Minister may give such general policy directions in writing to the Authority in relation to its functions as he or she considers appropriate.

(2) The Authority shall, subject to the performance of the functions specified in section 43(1), implement any direction given under subsection (1).

(3) Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to individual cases or groups of cases with which the Authority is or may be concerned or in relation to the performance in particular circumstances by the Authority of a function assigned to it by or under this Chapter.

(4) A copy of any direction given by the Minister under subsection (1), along with a statement of the reasons for giving the direction, shall be laid before each House of the Oireachtas and published in the Iris Oifigiúil as soon as may be after it is given.

47. Members of Authority.

47.— (1) The Authority shall consist of at least one but not more than 3 members.

(2) (a) The person who holds, immediately before the establishment day, the position of Seafood Control Manager in the Department, is deemed to be appointed as a member of the Authority, with effect on and from the establishment day for a period of not less than 5 years, subject to such terms and conditions, including remuneration and superannuation arrangements, as the Minister with the consent of the Minister for Finance may fix.

(b) The person referred to in paragraph (a) shall be eligible to apply for re-appointment as a member.

(i) fails to be re-appointed as a member, or

(ii) resigns or is removed from office under subsection (10) other than for stated misbehaviour,

he will be deemed to be the Seafood Control Manager in the employment of the Authority, subject to the same terms and conditions as regards grading, remuneration and superannuation arrangements as applied to him immediately prior to his appointment as a member of the Authority under subsection (2)(a).

(3) A member of the Authority (other than as provided for in subsection (2)(a)) shall be appointed by the Minister.

(4) A member of the Authority shall be appointed to hold office in a full-time capacity for a period of not less than 3 years and not more than 7 years on such terms and conditions, including remuneration, as the Minister, with the consent of the Minister for Finance, may fix.

(5) Where there is more than one member of the Authority, the Minister shall appoint one of them to be chairperson of the Authority on such terms and conditions, including remuneration, as the Minister may fix, with the consent of the Minister for Finance, to hold office in a full-time capacity for a period of not less than 3 years and not more than 7 years.

(6) The chairperson of the Authority shall have a casting vote in the case of decisions to be taken by the Authority in the event of a tied vote.

(7) Where the chairperson of the Authority is unavailable to perform his or her duties, he or she, or if he or she is unable to do so, the Minister, shall appoint a member of the Authority to be an acting chairperson to assume the duties of the chairperson for a defined period not exceeding 12 months.

(8) With the exception of the person appointed under subsection (2)(a), a person shall not be appointed as a member of the Authority unless the Public Appointments Service, after holding a competition on behalf of the Authority, has selected him or her for appointment as a member.

(9) With the exception of the person appointed under subsection (2)(a), a member of the Authority, including the chairperson, whose term of office expires by effluxion of time shall be eligible for re-appointment to serve a second term, subject to a limit of serving not more than 14 years on the Authority.

(10) A member of the Authority may—

(a) at any time resign his or her office by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon the date of receipt of the letter, whichever is the later, and

(b) be removed from office by the Minister if, in his or her opinion, the member has become incapable through ill-health of effectively performing his or her duties or for stated misbehaviour and the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for such removal.

(11) The Authority may act notwithstanding a vacancy or vacancies in its membership.

(12) A member of the Authority shall not hold any other office or employment in respect of which emoluments are payable.

(13) A member of the Authority shall not, for a period of two years following his or her resignation, removal or retirement from the office of member of the Authority, accept any office, consultancy or employment, where he or she could or might use or disclose information of a confidential or commercially sensitive nature acquired by him or her in the exercise of the functions of the Authority.

(14) Notwithstanding subsection (13), a person who was a member of the Authority shall not be precluded from holding office or engagement in any employment in the Civil Service or any statutory regulatory body or from acting as a consultant to the Authority, the Minister or any other Minister of the Government on the basis that the period referred to in that subsection has not expired.

48. Consultative Committee.

48.— (1) The Minister shall, for the purposes of consultations and liaison with the sea-fisheries and seafood sectors and other relevant interests on matters relating to the functions of the Authority, establish a body to be known in the Irish language as An Coiste Sainchomhairleach um Chosaint Iascaigh Mhara or, in the English language, the Sea-Fisheries Protection Consultative Committee (referred to in this Chapter as the “Consultative Committee”) and appoint the members of the Consultative Committee.

(2) The Consultative Committee shall have the following functions—

(a) to inform the Authority of concerns and views of the sea-fisheries and seafood sectors regarding the functions of the Authority,

(b) to seek to keep the sea-fisheries and seafood sectors generally informed of the applicable sea-fisheries law and food safety law, as well as of the standards, guidelines, practices and procedures operated by the Authority in relation to the enforcement of that law,

(c) to advise the Authority on keeping the burden on the sea-fisheries and seafood sectors generally of compliance with that law to the minimum possible consistent with the essential purposes and the effective enforcement of that law,

(d) to advise the Authority of its views on the fairness and consistency of the operations of the Authority,

(e) to seek the delivery of a high standard of service by the Authority.

(3) The Consultative Committee shall have no function in relation to detailed operational matters or individual cases or groups of cases with which the Authority is or may be concerned.

(4) The Minister or the Authority may consult the Consultative Committee on any matters arising in relation to the functions of the Authority.

(5) The Consultative Committee shall consist of not more than 14 members comprising—

(a) representatives of the following sectors:

(i) sea-fishing catching;

(ii) inshore fishing;

(iii) seafood processing;

(iv) aquaculture;

and

(b) other persons with particular expertise or experience in relation to marine matters (including marine environment and marine research) of relevance to the functions of the Authority.

(6) A member may resign from office by written notice given to the Minister and the resignation shall take effect on the date specified in the notice or on the date on which the Minister receives the notice whichever is the later.

(7) The Consultative Committee may act notwithstanding a vacancy or vacancies in its membership.

(8) The Minister may appoint a person to fill a casual vacancy which arises in the membership of the Consultative Committee due to the death, resignation or removal of a member and the person so appointed shall be appointed in the same manner as the member who occasioned the casual vacancy.

(9) The Minister in appointing members of the Consultative Committee, shall ensure, in as far as is practicable, an equitable balance between men and women in the composition of the Consultative Committee.

(10) The Minister shall appoint the chairperson and deputy chairperson of the Consultative Committee from among the members of the Consultative Committee for such period as is specified in the appointment and may reappoint a chairperson and deputy chairperson for a further specified period or further specified periods. The chairperson or deputy chairperson ceases to be the chairperson or deputy chairperson on ceasing to be a member of the Consultative Committee.

(11) The Minister may remove from office a member of the Consultative Committee in the following circumstances—

(a) where, in the opinion of the Minister, the member has become incapable through ill-health of being a member of the Consultative Committee,

(b) for stated misbehaviour,

(c) in the case of a person appointed to represent a sector referred to in paragraph (a) of subsection (5), where the person is no longer a representative, or

(d) where removal of the member appears to the Minister to be necessary or desirable for effective performance by the Consultative Committee of its functions.

(12) The Consultative Committee shall arrange its business as it sees fit.

(13) Members of the Consultative Committee shall be paid by the Authority such allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

(14) The Authority shall provide all reasonable facilities and services as may be required by the Consultative Committee for the performance of its functions.

49. Complaints procedures.

49.— (1) The Authority shall appoint one or more persons from outside the Authority (“Complaints Officer”) to—

(a) duly consider, and

(b) furnish a report to the Authority on,

any complaint duly made under this section by or on behalf of a member of the public in relation to the enforcement of sea-fisheries law or food safety law.

(2) The Authority shall have regard to the report of the Complaints Officer under subsection (1) and shall advise the complainant and the Complaints Officer of its decision in the matter.

(3) A complaint shall not be considered under this section if—

(a) it relates to any matter the subject of proceedings before a court or other tribunal,

(b) it is the subject of a complaint to the Ombudsman or an appeal to the Information Commissioner, or

50. Staff of Authority.

50.— (1) The Authority may, with the approval of the Minister given with the consent of the Minister for Finance, appoint such and so many persons to be members of its staff as it considers necessary to assist it in the performance of its functions.

(2) The terms and conditions, including terms and conditions as to remuneration and grading, of persons appointed under subsection (1) shall be determined by the Minister with the consent of the Minister for Finance.

(3) The Authority may perform such of its functions as it may deem proper through or by any member of its staff (including any person who is made available to it under section 61(1)).

51. Sea-fisheries protection officers.

51.— (1) The Authority may appoint members of staff of the Authority to be sea-fisheries protection officers for the purposes of enforcing sea-fisheries law and food safety law for such period as it sees fit.

(2) The Authority may, in agreement with any body established by or under statute, authorise persons who are officers of that body, to—

(a) perform such functions of a sea-fisheries protection officer under sea-fisheries and food safety law, or

(b) assist a sea-fisheries protection officer in exercising such functions,

for such period and in such circumstances or area, to such extent and subject to such conditions as it may specify in the authorisation.

52. Transfer of staff from Minister to Authority.

52.— (1) The Minister shall designate officers of the Minister who are sea-fisheries protection officers immediately before the establishment day to be transferred to the Authority on the establishment day.

(2) The Minister may designate such and so many of his or her other officers to be transferred to the Authority.

(3) Staff transferred in accordance with subsection (1) or (2) are deemed to be in the employment of the Authority.

(4) Save in accordance with a collective agreement negotiated with any recognized trade unions and staff associations concerned, an officer of the Minister transferred to the staff of the Authority under subsection (1) or (2) shall not, while he or she is in the service of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled or the terms and conditions of service (including those relating to tenure of office) to which he or she was subject immediately before his or her transfer.

(5) In relation to persons transferred in accordance with subsection (1) or (2) to the staff of the Authority, previous service in the Civil Service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in—

(a) the Redundancy Payments Acts 1967 to 2003,

(b) the Minimum Notice and Terms of Employment Acts 1973 to 2005,

(d) the Terms of Employment (Information) Acts 1994 and 2001,

(e) the Organisation of Working Time Act 1997,

(f) the Parental Leave Act 1998,

(g) the Carer’s Leave Act 2001,

(h) the Protection of Employees (Part-Time Work) Act 2001, and

(i) the Protection of Employees (Fixed-Term Work) Act 2003.

53. Consultants and advisers.

53.— The Authority may, from time to time, engage such consultants or advisers as it may consider necessary to assist it in the discharge of its functions and any fees due to a consultant or adviser engaged under this section shall form part of the expenses of the Authority.

54. Indemnity.

54.— No action or other proceedings shall lie or be maintainable (except in the case of wilful neglect or default) against—

(a) a member of the Authority or a member of the staff of the Authority,

(b) a person authorised by the Authority under section F49[51(2),]

(d) a person made available to the Authority under section 61,

arising from a failure to perform or to comply with any of the functions conferred or obligations imposed on the Authority by or under this Chapter.

55. Membership of House of Oireachtas, European Parliament and local authorities.

55.— (1) Where a member of the Authority—

(a) accepts nomination as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament,

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, or

(d) becomes a member of a local authority,

he or she shall thereupon cease to be a member of the Authority.

(2) Where a member of the staff of the Authority—

(a) accepts nomination as a member of Seanad Éireann,

(b) is elected as a member of either House of the Oireachtas or as a representative in the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon stand seconded from his or her employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority remuneration or allowances in respect of the period commencing on such nomination or election or when he or she is so regarded as having been elected, as the case may be, and ending when he or she ceases to be a member of either such House or such Parliament.

(3) A person who is, for the time being, entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the Authority or a member of the staff of the Authority.

(4) A person who is a member of a local authority shall be disqualified from becoming a member of the Authority while he or she is a member of such local authority.

(5) The Authority shall not employ or otherwise retain in any capacity a person who would otherwise be disqualified under this section from becoming a member of the Authority while that person would be so disqualified.

(6) Without prejudice to the generality of subsection (2), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in that subsection as service with the Authority for the purposes of any superannuation benefits.

56. Code of Conduct.

56.— The Authority shall, following consultation with the Minister and the Minister for Finance, draw up a code of conduct in respect of controls on interests and ethical behavior to apply to all members of the Authority and all members of the staff of the Authority.

57. Disclosure of interests.

57.— (1) Where a member of the Authority, a member of the staff of the Authority, or a consultant, adviser or other person engaged by the Authority, has a beneficial interest in, or material to, any matter which falls to be considered by the Authority, he or she shall—

(a) disclose to the Authority, and in the case of disclosure by a member of the Authority where there is only one member, that member shall disclose to the Minister, the nature of his or her interest in advance of any consideration of the matter,

(b) neither influence nor seek to influence a decision in relation to the matter,

(d) if he or she is a member of the Authority, withdraw from a meeting of the Authority for so long as the matter is being discussed or considered by the Authority, and unless there are compelling reasons requiring him or her to do so, shall not vote or otherwise act in relation to the matter, and

(e) prepare and furnish in advance to the Authority or Minister, as appropriate, a statement in writing of the compelling reasons aforesaid.

(2) For the purposes of this section, but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) he or she or any connected relative F50[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], or any nominee of his or her or any connected relative F50[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], is a member of an undertaking or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) he or she or any connected relative F50[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) he or she or any connected relative F50[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates, or

(d) any connected relative F50[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter.

(3) In subsection (2), “connected relative” means, in relation to a person to whom that subsection applies, the person’s spouse or partner, parent, brother, sister, child or a child of a spouse or partner.

(4) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter, by reason only of an interest of his or her or of any undertaking or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(5) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Authority or, where there is only one member of the Authority, in the case of that member, by the Minister.

(6) Particulars of the determination under subsection (5) shall be recorded by the Authority in the minutes of the meeting concerned or by the Minister by letter addressed to the Authority.

(7) Where a disclosure is made to the Authority or the Minister pursuant to subsection (1), particulars of the disclosure shall be recorded in the minutes of any meeting concerned or by the Minister by letter addressed to the Authority.

(8) Where a person referred to in this section, other than a member of the Authority, fails to make a disclosure in accordance with this section, the Authority shall decide the appropriate action (including removal from office or termination of contract) to be taken.

(9) Where a member of the Authority fails to make a disclosure in accordance with this section, the Minister shall decide the appropriate action (including removal from office) to be taken.

58. Disclosure of confidential information.

58.— (1) Save as otherwise provided by law, a person shall not disclose confidential information obtained by him or her while performing duties as a member of the Authority, member of the staff of the Authority or a consultant, adviser or other person engaged by the Authority, unless he or she is duly authorised to do so.

(2) In this section, “ duly authorised ” means authorised by the Authority or by some person authorised in that behalf by the Authority for the purposes of this section.

(3) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 3 months, or to both.

(4) (a) In this section, “confidential information” means that which is expressed by the Authority to be confidential either as regards particular information or as regards information of a particular class or description.

(b) In expressing information to be confidential, the Authority shall have regard to the requirement to protect information of a confidential commercial nature.

(5) Nothing in subsection (1) shall prevent the disclosure of information in a report made by or on behalf of the Authority to the Minister.

(6) The Third Schedule to the Freedom of Information Act 1997 is amended by the insertion in Part I at the end thereof—

(a) in column (2) of “Sea-Fisheries and Maritime Jurisdiction Act 2006”, and

(b) in column (3) of “Section 58”.

59. Superannuation of members of Authority.

59.— (1) The Minister shall, with the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of a member of the Authority ceasing to hold office.

(2) Every scheme made under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(3) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section, including a scheme under this subsection.

(4) If any dispute arises as to the claim of a member of the Authority to, or the amount of, any superannuation benefit payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her.

(5) A scheme under this section shall be carried out by the Minister in accordance with its terms.

(6) No superannuation benefit shall be granted by the Minister to or in respect of any member of the Authority ceasing to hold office otherwise than in accordance with a scheme under this section or as otherwise may be approved of by the Minister with the consent of the Minister for Finance.

(7) A scheme under this section shall be laid before each House of the Oireachtas by the Minister as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

60. Superannuation of staff of Authority.

60.— (1) The Authority shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of such members of the staff of the Authority as it may think fit.

(3) Every scheme made under subsection (1) may, with the consent of the Minister for Finance, be amended or revoked by a subsequent scheme prepared, submitted and approved under subsection (1).

(4) A scheme made under subsection (1) submitted by the Authority to the Minister shall, if approved by the Minister with the consent of the Minister for Finance, be carried out by the Authority in accordance with its terms.

(5) No superannuation benefits shall be granted by the Authority nor shall any other arrangements be entered into by the Authority for the provision of such a benefit to or in respect of a member of the staff of the Authority otherwise than in accordance with a scheme under subsection (1) or otherwise as may be approved of by the Minister with the consent of the Minister for Finance.

(6) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance for determination by him or her.

(7) A scheme under this section shall be laid before each House of the Oireachtas by the Authority as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(8) Superannuation benefits granted under schemes under this section to persons who, immediately before the establishment day, were officers of the Minister and the terms and conditions relating to those benefits shall not be less favourable to those persons than those to which they were entitled immediately before that day.

(9) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was transferred to the staff of the Authority under section 52, the benefit shall be calculated by the Authority in accordance with such scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with the Authority shall be aggregated with his or her previous pensionable service and shall be paid by the Authority.

61. Resources made available by Minister to Authority.

61.— (1) The Minister may make available to the Authority, on a request being made by the Authority, such staff, premises, equipment, services and other resources as the Minister may determine from time to time in consultation with the Minister for Finance.

(2) The Authority shall, on request from the Minister, pay to the Minister such sum or sums as the Minister may specify to be the expenses incurred by the Minister in making available to the Authority such staff, premises, equipment, services and other resources under subsection (1).

62. Grants to Authority.

62.— (1) In each financial year there shall be paid to the Authority out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the consent of the Minister for Finance and after consultation with the Authority in relation to its likely work programme and expenditure for the financial year (and after taking into account any other resources including monies available to the Authority), may sanction towards the expenses of the Authority in the due performance of its functions.

(2) In determining the grant payable to the Authority under subsection (1), the Minister shall have regard to the obligations of the State under the common fisheries policy or other international agreement in so far as the due performance of the functions of the Authority is concerned.

63. Fees.

63.— (1) Subject to subsection (2), for the purpose of meeting expenses properly incurred by the Authority in the due performance of its functions under this Chapter, the Authority, with the consent of the Minister and the Minister for Finance, may make regulations imposing fees to be paid by such classes of persons as may be specified by the Authority in the regulations.

(2) Regulations under subsection (1) may provide for the following—

(a) rates of fee payable,

(b) the keeping of records and the making of returns by persons liable to pay fees,

(d) such other matters as are necessary or incidental to the procurement of the payment of fees.

(3) Fees shall be payable to the Authority at such time and at such rates as may be prescribed in regulations made by the Authority under subsection (1) and different rates may be prescribed in respect of different classes of persons liable to pay fees.

(4) Fees payable under the regulations mentioned in Schedule 3 shall, on the establishment day, be payable to the Authority and may be altered by regulations under this section.

(5) The Minister may, with the consent of the Minister for Finance, direct the Authority to pay into the Central Fund or the growing produce thereof, such sum as he or she may specify, being a sum that represents the amount by which the gross income received by the Authority in each financial year exceeds the gross expenditure incurred in the administration of its office in that year.

(6) The Authority may recover, as a simple contract debt in any court of competent jurisdiction, from any person by whom it is payable any amount due and owing to it under this section (including fees payable under regulations mentioned in Schedule 3).

(7) The Public Offices Fees Act 1879 does not apply to any fees payable under this section.

64. Borrowings.

64.— The Authority may, for the purpose of the performance of its functions, borrow money (whether on the security of its assets or otherwise), including money in a currency other than the currency of the State, but shall not do so without the consent of the Minister and the Minister for Finance.

65. Accounts and annual report of Authority.

65.— (1) The Authority shall keep in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of moneys received or expended by it, including an income and expenditure account and a balance sheet.

(2) Accounts kept in pursuance of this section shall be submitted, not later than three months after the end of the financial year to which they relate, by the Authority to the Comptroller and Auditor General for audit and, immediately after the receipt of the Comptroller and Auditor General’s report on the accounts, a copy of the income and expenditure account, the balance sheet and of such other (if any) accounts kept pursuant to this section as the Minister, after consultation with the Minister for Finance, may direct and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.

(3) As soon as practicable, but not later than 3 months after the end of each financial year, the Authority shall, in writing, report to the Minister in relation to the performance of its functions in that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas within 3 months of its receipt by him or her.

(4) The report under subsection (3) shall, in particular, indicate—

(a) the extent to which the Strategy Statement of the Authority was implemented in that year,

(b) the number of complaints made under section 49 in that year and the decision of the Authority in relation to the complaints, and

(5) The Minister may give directions in writing to the Authority in regard to the format and content of a report under subsection (3), but such directions shall not require the Authority to include in such report details which could, in the opinion of the Authority, be prejudicial to the performance of its functions.

(6) The Authority shall give to the Minister such information relating to the performance of its functions as the Minister may request provided that such information would not, in the opinion of the Authority, be prejudicial to the performance of its functions.

(7) The financial year of the Authority shall be the period of 12 months ending on 31 December in any year and, for the purposes of this section and section 62, the period commencing on the establishment day and ending on the following 31 December shall be deemed to be a financial year.

66. Strategy Statement of Authority.

66.— (1) The Authority shall adopt and submit to the Minister a statement of strategy within 6 months after the establishment day and at least every 3 years from the submission date of the first statement.

(2) The statement of strategy shall—

(a) comprise the key objectives, outputs and related strategies, including use of resources, of the Authority,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and

(c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Authority.

(3) The Authority shall publish a statement of strategy adopted by it and shall lay a copy before each House of the Oireachtas.

67. Publication of reports of Authority.

67.— Subject to section 65, the Authority may publish any reports on matters related to its functions.

68. Accountability of Authority to Committees of Oireachtas.

68.— (1) The member of the Authority, or where there is more than one member of the Authority, the chairperson of the Authority, shall, whenever required by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, attend before and give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Authority is required by or under statute to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) From time to time, and whenever so requested, the Authority shall account for the performance of the functions of the Authority to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to its functions.

(3) In carrying out its duties under this section, the Authority shall not—

(a) question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy,

(b) provide information that might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person, or

(c) be required to account to a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

69. Premises of Authority.

69.— The Authority may, for the purposes of providing premises necessary for the performance of its functions, purchase, lease, equip and maintain offices and other premises with the consent of the Minister and the Minister for Finance.

70. Seal of Authority.

70.— (1) The Authority shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal shall be authenticated by the signature of—

(a) a member of the Authority, or

(b) a member of the staff of the Authority, authorised by the Authority to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by and to be sealed with the seal of the Authority (purporting to be authenticated in accordance with this section) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

71. Authority to keep itself informed on certain matters.

71.— (1) The Authority shall keep itself informed of the policies, objectives, resolutions and guidelines of any public authority the functions of which have, or may have, a bearing on the matters with which the Authority is concerned.

(2) In this section, “public authority” means the Minister, the Council and Commission of the European Communities and any other public authority inside or outside the State which, in the opinion of the Authority, has functions that have, or may have, a bearing on matters with which the Authority is concerned.

72. Provision of services by Authority.

72.— The Authority may provide services (including services of staff) to the Minister or to another person on such terms and conditions (including payment for such services) as may be agreed and the Minister or the other person concerned may avail of such services.

73. Definitions (Chapter 5).

73.— In this Chapter—

“food safety law” means—

(a) food legislation (within the meaning of section 2(1) of the Food Safety Authority of Ireland Act 1998) relating to the safety and hygiene of fish or fishery products, and

(b) the legal obligations of the State in relation to fish or fishery products arising under any law of an institution of the European Communities or other international agreement which is binding on the State (whether or not such legal obligation is the subject of regulations under the Act of 1972 or any other enactment);

“local authority” has the meaning assigned to it by the Local Government Act 2001;

“sea-fisheries law” means—

(a) the Sea-Fisheries Acts 2003 and 2006 and instruments made by the Minister under the Acts, and

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