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Dáil Éireann debate -
Thursday, 1 Nov 1928

Vol. 26 No. 11

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - BALLYSHANNON BOARD OF CONSERVATORS.

asked the Minister for Lands and Fisheries if he is prepared to have an inquiry conducted into the circumstances governing the recent election to the Board of Conservators at Ballyshannon, on the following grounds: (a) that it is alleged that the time and place of election were not according to advertisement; and (b) that it is alleged that licences were taken out by men who were not bona fide fishermen, for the purpose of out-voting the bona fide licensed fishermen.

I would refer the Deputy to my reply of the 25th ultimo to Deputy Cassidy on this matter.

Are we to take as authentic what appeared in the "Irish Independent" in connection with this matter—that the Minister is to introduce a Bill to prevent a recurrence of the illegalities that were alleged to have taken place at this particular election?

I did not see that statement in the "Independent," but, in fact, because of complaints that have arisen in very many places in connection with the recent elections for Conservators, we are contemplating bringing in legislation to provide against such things in future.

If there were illegalities in connection with this matter, can we not take it that there must have been some power vested in the Minister either to have the complaints investigated or to have the election held over again?

No. Our functions ended when we made the regulations in connection with the election. If these regulations are alleged not to have been carried out or to have been violated, it will have to be decided by a Court whether they were or not. We are not in a position to act as a Court.

Are we to take it that the status quo is to continue during the full period of office of the Board until the Minister produces his Bill?

Unless any aggrieved persons take legal proceedings which would result in upsetting the election.

Is it not up to the Minister to do that?

Certainly not.

Is it not a fact that regulations were sent out from the Minister's Department governing this particular election, signed by Mr. Moriarty, Secretary of the Department, and that it was stated that if these regulations were not complied with the election would be invalid? In view of the fact that it has been pointed out by Deputy Carney and myself, in questions which we asked, that these regulations were not complied with, does the Minister not think that it is up to his Department to see that an inquiry is held?

No. The only authority who can say whether or not the regulations have been complied with is a Court.

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