asked the Minister for Lands and Fisheries (a) whether a letter was sent on his instructions to the Clerk of the Limerick Board of Conservators of Fisheries on the 9th September, 1932, directing the Board to refund a sum of £4 to Michael Cullinane (Senior), Main St., Brosna, Co. Kerry; (b) whether this £4 is the sum of £2 fine and £2 costs imposed on 14th October, 1931, for illegal fishing on Michael Cullinane; and if he will state (c) by what authority he issued instructions to the Board to refund the fine and costs.
Ceisteanna—Questions. Oral Answers. - Remission of Fisheries Fine.
Mr. Lynch
The replies to (a) and (b) are in the affirmative.
The direction was given on the authority of the Minister after consultation with the Minister for Justice. While it is not considered desirable to state the grounds upon which clemency is exercised in these cases, in view of the fact that the costs have been refunded in this case I would inform the Deputy that the Minister had clear evidence that the accused person was not at the time of the offence at Mountcollins nor in the vicinity of that village and could not therefore have been guilty of the offence alleged against him.
Mr. Lynch
I do not want to press the Parliamentary Secretary but I would ask him if he would say by what authority the Department of Lands and Fisheries issued instructions to the Board of Conservators to refund the money which was imposed as a fine and the costs?
On the authority of the Minister for Justice.
Mr. Lynch
I should like to know what that authority is.
Who imposed the fine in this case?
Mr. Lynch
The District Justice.
If the Deputy will put down a question for a later date, I will let him have the information.
Arising out of the reply of the Parliamentary Secretary, are we to take it as a recognised principle now that the Minister for Lands and Fisheries is to revise evidence? The Parliamentary Secretary has said that as the Minister had conclusive proof that this man could not have been in the locality where the alleged offence was committed that he remitted the fine. Are we to understand that the Department of Lands and Fisheries has now become a court of appeal?