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Dáil Éireann debate -
Thursday, 18 Nov 1926

Vol. 17 No. 3

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - ILLEGAL FISHING PROSECUTIONS.

asked the Minister for Fisheries if he can state the number of prosecutions and convictions against owners and masters of foreign trawlers found illegally fishing in prohibited areas on the Tirconaill coastline in the District Courts from 1st October, 1923, to 1st November, 1926; also the amount of fines inflicted and recovered during that period, the total cost of said prosecutions and under what head same is charged.

The number of masters of steam trawlers prosecuted for breaches of by-laws on the Tirconaill coastline committed between the 1st October, 1923, and the 1st November, 1926, is 12. The number of convictions is 12. The total amount of the fines inflicted is £1,200, the total amount of the costs allowed by the District Justices is £238. The recovery of fines and costs is a matter with which my Department does not deal, and questions regarding it should be addressed to the Minister for Justice. The costs of travelling and subsistence of witnesses who are officers of my Department have been charged to the Fisheries Vote. Other costs are, I understand, borne by the Law Charges Vote.

Am I to understand that the costs incurred in conducting these prosecutions are to be paid by the taxpayer?

The cost of certain witnesses who are officers of my Department is borne by the Vote connected with my Department. The other costs in connection with these trials are, I presume, borne by the Law Charges Vote.

Is the Minister aware that in many notable cases the District Justice let the offenders off with nominal fines of 10/- and £1? Is the Minister satisfied that that is a reasonable way of getting rid of poaching and illegal trawling? Is it the proper way in which to deal with these people?

I have no control over the decision of the District Justice of any court.

Is it not an extraordinary thing that a District Justice would be permitted to make a farce of his powers in dealing with this whole question?

That question does not arise.

Am I to understand from the Minister that the total amount of fines inflicted by the District Justice in Tirconaill reached £1,200 and that £238 of that was recovered?

The total amount of the costs allowed by the District Justices is £238.

How much of the £238 has been recovered?

If the Deputy was listening to my reply he would have heard me say that the recovery of fines and costs is a matter with which my Department does not deal, and questions regarding it should be addressed to the Minister for Justice. I have nothing to do with the collection of fines.

I understood quite well what the Minister said, but what I want to make clear is that these prosecutions are instituted by the Minister's Department and the costs are borne by the Vote of the Department of Justice. That means that the taxpayer pays for the prosecutions. The costs are never recovered from the defendants.

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