asked the Minister for Lands if he is aware of serious dissatisfaction amongst the tenants of estates along the River Blackwater in Fermoy and Waterford owing to the fact that the fishing rights are not being vested in them; and whether he will take immediate steps to see that such of these rights as are at present vested in the Land Commission will be transferred to the tenants.
Ceisteanna—Questions. Oral Answers. - Game and Fishing Rights.
asked the Minister for Lands if he is aware that many farmers whose holdings are on the banks of the Munster Blackwater are denied the fishing rights on that river, and, if so, whether he will take steps to introduce proposals for legislation to empower the Land Commission to vest these rights in the farmers concerned and thereby compensate them for losses sustained by the frequent flooding of that river.
asked the Minister for Lands whether he will take the necessary steps for the acquisition of the game and fishing rights held by landlords in this country and for the vesting of them in the tenants.
With the permission of the Ceann Comhairle, I propose to take together Questions Nos. 9, 10 and 11.
First, as regards game rights (i.e. sporting rights other than fishing rights), the Land Commission have power to acquire for resale to purchasers of lands under the Land Acts any such rights as did not vest in them with their holdings. Any applications that may be received from bodies of tenants for the exercise of the Land Commission's powers in this regard will be considered.
Fishing rights are in a different category. The Land Commission have no power to acquire fishing rights reserved out of sale proceedings under the Land Acts prior to the Land Act, 1923. Powers do exist for the acquisition of fishing rights on estates the subject of proceedings under the Land Acts, 1923-46, but such fisheries as are acquired in exercise of these powers are, in practice, retained in the hands of the Department and operated in the public interest.
Arising out of representations made to me recently on this subject on behalf of riparian tenants on the River Blackwater in Cork and Waterford, I have considered the position carefully and I am satisfied that the splitting up of fisheries which would result from a policy of transferring ownership to riparian tenants would not make for proper management and development and would not be in the best interest of the State. I do not, therefore, propose to introduce legislation on the lines suggested or to alter the present practice with regard to fisheries coming into the possession of the Land Commission. As regards the River Blackwater, the Land Commission are not at present the owners of any fishing rights therein.
Is the Minister aware that the fishing rights on one half of the Blackwater are vested in the tenants and on the other half are held by the Land Commission? The present position is merely a temptation to potential poachers.
I have already said that the Land Commission do not own any fishing rights whatsoever on the Blackwater.
Does the Minister intend introducing legislation to acquire these rights?
No.