asked the Minister for Agriculture whether he is aware that, as the law stands at present as regards prosecutions for the possession of salmon which are alleged to have been poached, the obligation of disproving the allegation that such salmon have been poached is placed on the defendant; and, if so, if he will take steps to have the law amended in this respect.
Ceisteanna—Questions. Oral Answers. - The Fishery Laws.
I am aware of the statutory provisions which place upon any person dealing in salmon the onus of proving that such salmon was not illegally captured. These provisions I consider to be necessary in order to counter the many subterfuges adopted by those who engage in illegal fishing, and I am not prepared to suggest any modification in the law as it stands.
Is the Minister aware that, in a recent case in Limerick, a fishmonger was prosecuted for having fish which were taken illegally? Those fish were purchased from a licensed salmon dealer, and while the fishmonger was prosecuted the salmon dealer who bought the fish was not prosecuted. Fishmongers buy their fish from salmon dealers all over the country, and it would be impossible to prove who caught the fish. In the particular case I have mentioned, the fishmonger was prosecuted and the licensed dealer who bought the fish and who sold him the fish was not prosecuted. It would be impossible in that case for the fishmonger to prove his innocence in the transaction.
I think I know the case the Deputy has in mind. A study of that case would lead one to the conclusion that unless the law remains as it stands a conviction could never be got.
The prosecution ought to be of the direct buyer from the poacher, one would think.
As a general principle, that is right.