Dáil Éireann debate -
Thursday, 11 Dec 1930

Vol. 36 No. 10

Supplementary Estimates. - Sea Fisheries Bill, 1930—Report Stage.

Minister for Lands and Fisheries (Mr. Lynch)

I move to delete Section 3, lines 17 to 33, and substitute the following:—

"Where the Society has supplied to any member thereof or has repaired or renovated for any such member any sea-fishing boat or any equipment or appliance for a sea-fishing boat or any fishing-nets and a contract has been entered into between the Society and such member whereby such member agrees with the Society to pay to the Society in a particular manner specified in such contract the cost of such supply or repair or renovation and such member does any act, whether of commission or omission, which is a contravention of such agreement, such member shall be guilty of an offence under this section and shall (without prejudice to any civil proceedings in respect of such act) be liable on summary conviction thereof in the case of a first offence to a fine not exceeding twenty pounds and in the case of a second or any subsequent offence to a fine not exceeding sixty pounds."

I have given very careful consideration over-night to the points raised by Deputies Derrig, Anthony and some other Deputies during yesterday's debate on clause 3. I was impressed chiefly by the consideration that the retention of the provision for imprisonment for certain aggravated cases might result in militating against a general readiness on the part of the fishermen to come into the Association. For that reason, I have reconsidered my attitude and I have put down this amendment, which removes from clause 3 the penalty of imprisonment.

Mr. MacEntee

I need scarcely say that we, on this side of the House, welcome the repentance of the Minister even at the eleventh hour. We are glad to see that he is not prepared to revive penal legislation of a type long obsolete and unknown anywhere else within what is described as the civilised world. At the same time, I think he was scarcely fair. There was one Deputy whose speech yesterday, I think, made it quite impossible for the Minister to have proceeded upon the lines of the original Bill, and that was the speech which was made from these benches by Deputy Geoghegan. Speaking with all the force and authority that his position at the Bar of this country endows him with, he made it quite clear that it would be inconsistent and utterly unjust on the part of the Minister to imprison a humble fisherman for a breach of a civil contract while the directors of the society themselves, who would stand in a fiduciary relalation with the shareholders and State, would be permitted, in case they failed to discharge their duties properly, to go scot-free under the terms of the Bill. Nobody wishes in a case like this to make capital out of what was a manifestly wrong act on the part of the House, and particularly on behalf of the unthinking majority in this House. What was a manifestly wrong act has now been rectified by, I must say, the commonsense of the Minister. I am prepared to concede him credit for having extricated that unthinking majority which followed him blindly into the lobby from the absolutely untenable position in which they landed themselves. I think, however, the part of Deputy Geoghegan in this matter should not be lost sight of.

Mr. Lynch

As I pointed out, I was governed not by any legal points that were made by Deputy Geoghegan, but by the fact that the retention of the penalty of imprisonment in the section might militate against the fishermen coming in with great readiness into the Association. That was entirely what governed me in my change of mind.

Mr. Derrig

May I inquire what was the reason for increasing the limit from £50 to £60? There was no reason.

Mr. Lynch

There was in fact. But I am not particular whether it remains £60 or is reduced to £50.

Question put and agreed to.

Question proposed: "That the Bill be received for final consideration."

Mr. Derrig

I would like to have some information from the Minister as to when the Association is likely to begin operations. There was very great delay in the matter of the Gaeltacht Housing Bill, and I hope the Sea Fisheries Association will be able to get to work with somewhat more promptitude.

Mr. Lynch

I cannot speak definitely for the Association. I know that since registration they have been occupied largely with the drafting of agreements which are in the hands of their legal adviser. Before they can proceed to deal with applications for loans these agreements must be in form.

Question put and agreed to.

Leave granted to take Fifth Stage.

Question—"That the Bill do now pass"—put and agreed to.