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Dáil Éireann debate -
Wednesday, 24 Jul 1935

Vol. 58 No. 10

Fisheries Bill, 1935—Committee and Final Stages.

Section 13 of the Fisheries Act, 1925 (No. 32 of 1925), is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
(a) by the insertion in sub-section (6) of the said section of the word "eleven" in lieu of the word "nine" now contained therein, and
(b) by the insertion in sub-section (7) of the said section of the word "twelve" in lieu of the word "ten" now contained therein, and
(c) by the insertion in sub-section (9) of the said section of the word "eleven" in lieu of the word "nine" now contained therein.

I move:—

In lines 14 and 20 to delete the word "eleven" and substitute in each case the word "fourteen."

The effect of the amendment is to provide that the provision made in Section 13 of the Fisheries Act, 1925, shall be continued for a further period of five years instead of the two years provided for in the Bill. The Minister said last night that he was satisfied that two years would be sufficient because he intends to introduce some far-reaching legislation in regard to inland fisheries within 12 months. I do not think that is a quite sufficient reason for limiting this period to two years. This provision in the 1925 Act is designed to have the rates on valued fisheries allocated to boards of conservators of fisheries instead of to the local authorities. That is the main source of finance of boards of conservators which enables them to pay bailiffs for guarding of rivers. It would be a very bad thing if boards of conservators felt that they could not look forward for a considerable period ahead when making provision in their estimates, and I think a period of two years is far too short from that point of view.

With regard to the introduction of legislation which the Minister fore-shadowed and which he promised within 12 months, we are at the disadvantage that we have not yet seen the report of the Inland Fisheries Commission. We merely saw a small abstract from the report published in the papers some months ago. I do not know whether that abstract was correct or not; I do not think it was actually published as official. I do not think that the abstract as published excited any particular desire throughout the country that legislation on these lines should be introduced. If anything, I think the contrary was the case. If that abstract produced anything, I think it produced rather a storm amongst certain groups of people, at any rate, who were afraid that legislation along the lines indicated might be introduced. The Minister in reply to me last night said that he would not say whether the legislation he intends to introduce is to be along those lines or not. At any rate, the legislation is being introduced following on the report, so we must take it that at least some of the recommendations of the Commission will be embodied in the legislation.

As I say, I cannot find any fault with that because I have not the report at hand. None of us can discuss the report until we get it into our hands. I do stress, however, that the provision in this Bill should extend for a period considerably more than two years; and I think a further five years, during which the rates on valued fisheries would go to boards of conservators instead of local authorities, is a reasonable request to make. Not only have I in mind the fear that may be in the minds of boards of conservators, but I have also in mind the attitude of local authorities. Some local authorities may be enticed to look forward to a period in a couple of years' time when these rates, which at present go to boards of conservators, will be coming back into their funds. I think it would be well, therefore, that the Minister should give himself plenty of margin beyond what he takes in the Bill. That is why I put down the suggestion of a further period of five years.

The effect of the amendment would be to extend for five years instead of two years the provisions contained in Section 13 of the Fisheries Act, 1925, giving boards of conservators power to strike a rate. I think two years would be quite sufficient. I explained last night that the report of the Inland Fisheries Commission is being examined and I expect the Government will be in a position within a short period to make up their minds as to the lines of the legislation that will be necessary. By allowing 12 months for the necessary decisions to be taken and the Bill to be drafted, I think I am allowing a very fair margin. Beyond that I am allowing another 12 months for the necessary legislation to come into operation, so that we have two years' extension of the present system. We cannot, of course, change from that system without having a very full discussion in the Dáil of whatever new legislation we bring in.

I should have thought indeed that if I brought in a provision extending the present position to five years, Deputies would object that we were taking too long and say that we should not get more than two years at the outside to bring in new legislation. Even though Deputy Lynch is asking to have it extended to five years, I am inclined to think that the Dáil would compel the Government to make up their minds within two years on the findings of the Commission and to bring in legislation. Also there is in this matter what I might describe perhaps as an inter-Departmental difficulty which Deputy Lynch will understand. That is that I would have to get agreement in the Department of Local Government with regard to rates and also with the Minister for Finance, if he is prepared to continue to finance local authorities where the rate raised by this means exceeds a penny in the £ on that particular local authority. I would ask the Deputy not to press the amendment because he will have a number of opportunities within the next two years of raising this matter again. I think it is fairly certain that the Bill which I mentioned will come before the Dáil during that time and the whole thing can then be discussed.

The Minister is dealing with a big problem when he is dealing with inland fisheries, more particularly if the Government intend to take over the inland fisheries of the country on the purchase system. That is a bigger problem, I suggest, than the Minister can foresee at the moment. What does this amendment ask him to do? It only asks him to continue a function that will have to be performed, and that is to protect the fisheries. I agree that there is inter-Departmental trouble and that it might put the Minister in a bit of a difficulty, but I think the Minister should have foreseen that. I venture to predict that this new Fisheries Bill will not see the light of day in the next 12 months, because you have a very big problem to deal with and it cannot be dealt with recklessly. The Minister will have to come before us again asking us to pass one of these miserable amending Bills.

Dr. Ryan

Even so, is it not better to give the Dáil an opportunity of discussing the situation within two years?

Amendment, by leave, withdrawn.
Bill passed through Committee without amendment, and reported to the House.

Dr. Ryan

I suggest that the further stages be taken now.

Agreed.

Bill received for final consideration and passed.

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