Memorandum by the Ministry
of Agriculture, Fisheries and Food
2000 (S.I. 2000/435)
1. The Select Committee has
requested submission of a memorandum on the following point:
5(1) provides for the recovery of fines for (amongst other offences)
"an offence under article 10 of this Order". Should
this have been a reference to "article 11"?"
2. The Committee is correct
in suggesting that the reference in article 5(1) to "an offence
under article 10 of this Order" should have been to an offence
under "article 11" instead. This is a typographical
error which the Ministry is grateful to the Committee for drawing
to its attention.
3. As explained in a voluntary
memorandum submitted to the Committee at the same time as this
Order was laid [not printed], this Order provides for the
enforcement of Commission Regulation (EC) No. 304/2000 which established
emergency measures for the recovery of the stock of cod in the
Irish Sea (ICES Division VIIa) for the period 14 February 2000
to 30 April 2000. These measures cease to have effect at the end
of this period and therefore both the Commission Regulation and
this Order have only a short operative life.
4. Article 5(1) of this Order
is intended to provide for the recovery of fines imposed by a
magistrates' court where a person is convicted of any offence
created by the Order. The reference to "article 10"
in article 5(1) was intended to be a reference to "article
11" which makes it an offence to obstruct a British sea-fishery
officer, or other relevant officer, when exercising powers conferred
on him by the Order. Whilst the Ministry would normally amend
the Order to correct this mistake, in these present circumstances
the Ministry considers that the courts existing powers under Part
III of the Magistrates' Courts Act 1980 and section 32 of the
Powers of Criminal Courts Act 1973 for the enforcement of fines
will be sufficient for the recovery of fines imposed by a magistrates'
court for a breach of article 11 of this Order.
5. Therefore, it is hoped that
the Committee will understand why the Ministry has decided not
to amend the Order in this particular instance.
14th March 2000