TRAWLER "JURID" (ILLEGAL FISHING) (Hansard, 23 February 1977)

§ 43. Mr. Grimond
asked the Lord Advocate if his attention has been drawn to the case of Skipper Justesen and the vessel "Jurid" in which, while the skipper was being fined £20,000 in Lerwick Sheriff Court, the vessel was free to leave port and dispose of an illegal catch for £46,000; and if he will review the law and penalties appropriate to such cases.

§ The Lord Advocate
I have received a full report of this case from the procurator fiscal at Lerwick. Justesen was convicted of a contravention of Section 2(3) of the Fishery Limits Act 1976 and he was fined £20,000. The maximum fine that could have been imposed was £50,000. In addition to this penalty, the court has power to order confiscation of the catch and also of the gear. The problem in this case was not one of inadequate penalties. It arose because the court was denied the power to order confiscation of the catch and the gear by virtue of the boat's having left port before such an order could be made. The Act makes provision for the detention of a boat which is caught fishing illegally within British fishery limits until the proceedings for that contravention are completed. Unfortunately, in this case the power was not used.

§ Mr. Grimond
I am grateful for that full explanation. This is a very unsatisfactory situation. Can the right hon. and learned Gentleman give some idea of when he thinks that power may be taken to hold vessels to prevent them leaving, as happened on this occasion, and selling their catch for far more than the fine?

§ The Lord Advocate
Power already exists, but unfortunately the British sea fishery officers were perhaps not fully aware of its importance. Section 8 of the Sea Fisheries Act 1968 provides full powers to deal with such a situation. I have instructed procurators fiscal to give guidance on the importance of this matter to the British fishery officers.

§ Mr. Robert Hughes
Is my right hon. and learned Friend saying that in this case it was an error of judgment by people in the locality rather than a deficiency in the law which led to the mistake?

§ The Lord Advocate
That would be a more accurate indication of the trouble in this case. It was not so much that the legislation was not there as that the people concerned were unaware of the power that they had.