Fishing injustice! - Western Morning News Mon 30th Mar/09
Fishing injustice
The McBrides, owners of the fishing vessel Arcane N907, were convicted of under-declaring prawn and whitefish landings from fishing trips in the Irish Sea in 2007, in contravention of the European Union's Common Fisheries Policy, and fined a total of £385,774. Defra then called in the Serious Organised Crime Agency (SOCA), using legislation to enable the courts to confiscate the assets of serious criminals such as major drug dealers.
The McBrides have not been sent to jail for contravening fishing laws, but for contempt of court after trying to raise funds to pay off their extortionate fines by borrowing against their assets (boat, business and houses) "frozen" by SOCA. Apparently, there is no appeal against the sentences.
We don't see bank managers going to jail for losing billions, but we treat fishermen who might be guilty of minor infringements against the thoroughly discredited CFP as super-serious criminals.
Readers who are as enraged as I am can sign a petition on the Prime Minister's website – http://petitions.number10.gov.uk/fishermenPOCA/
Peter Wyatt
Co-chair UKIP Fishing Policy Committee
Re Peter Wyatt Co-chair UKIP Fishing Policy Committee, "Fishing Injustice".
This matter should be challenged legally as it is strictly against our Constitution. It is indeed an injustice. In the Proceeds of Crime Act for nowhere does it mention the catching of fish but it does mention re Drugs, Drug trafficking, Money Laundering, and a criminal lifestyle etc. However, I noticed that although confiscation was initially available only in drug trafficking cases, it was extended by the Criminal Justice Act 1988 and the Criminal Justice (Scotland) Act 1995 to cover non-drug indictable offences and specified summary offences.
It seems the fish in the sea are freer to go about their business than are human beings. This matter should indeed be challenged, unless the people of this Country want foreigners to make our laws forever.
I had in mind that Judges have to look to EU Treaties, yet nowhere could I find the EU pressing for such extortionate fines and loss of livelihood and or homes for these men. Judges also have to be aware of our Constitution especially the Magna Carta and our Declaration and Bill of Rights 1688/9 and it was here that I became a little perplexed. Our Constitution (Declaration and Bill of Rights 1688/9 makes clear, "That excessive bail ought not to be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted”. These are from our Constitution, the law above the law, the foundations upon which all other laws are or should, be built.
Clause 29 Magna Carta makes clear that "for a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a Royal Court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood".
These fishermen may have broken the law, but what did they take? Was it some hard work done by other men, did they steal a patent? Something that deprived people of their livelihood? Something that belonged to some-one poor? No, they took something provided by nature or by the good Lord above, it came free without guarantee or payment required. The fish certainly had the freedom to roam the world and they did not need permission from the EU, a pass-port, visa or our Government to do so. Whose waters were they swimming in? The UK's or EU waters because the British people still believe the waters around our shore and inland belong to the United Kingdom for they have never been asked if they want these sovereign waters (fish included) to belong to the European Union, and I have not seen any recent transfer of sovereignty to say so..
http://www.thisiswesternmorningnews.co.uk/letters/America-right-solution-Helmand/article-854187-detail/article.html?cacheBust=NOkYwNJo7I8b&success=true#community
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