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Dáil Éireann debate -
Wednesday, 2 May 1951

Vol. 125 No. 13

Ceisteanna—Questions. Oral Answers. - Restrictions on Fishermen.

asked the Minister for Agriculture whether he is aware that recent restrictions on the Cromane fishermen, which were imposed by the local board of fishery conservators and sanctioned by his Department, have caused grave loss and hardship to the fishermen concerned and whether, in view of these circumstances, he will cancel these restrictions at the earliest possible date.

I presume that the Deputy refers to the steps recently taken by Kerry Board of Conservators to terminate the illegal use by the Cromane fishermen of a type of net known as a "pusher" net, the meshes of which are more than 11 inches in the round. The use of such nets is prohibited by a by-law made in 1896 and their use as a fixed engine is prohibited by Section 31 of the Fisheries Act, 1925. I have no power to abrogate the statute and no evidence has been put before me which would suggest that a case can be made for revoking or amending the by-law. As the fishermen are free to fish with draft nets, I cannot admit that undue loss or hardship is being inflicted on them.

Is the Minister aware that all previous Governments allowed these fishermen to operate, as he described it, illegally; that the people in the locality claim that it is not illegal? If it is considered that it is illegal to carry on the work that they have been carrying on for the past 40 or 50 years, without hindrance by any previous Government, I believe that they are entitled to challenge that.

That does not seem to be a supplementary question. It is more a fighting speech.

We will assist them in resisting that imposition.

In reply to the Deputy, I think it is right to remind him that the courts of law are there before which the Minister or the Taoiseach or anybody else is the bare equal of the poorest fisherman on the coast of Ireland. I am advised that I have a statutory duty to discharge under the Act and I have got to discharge it. If the fishermen of Cromane can bring me into court and get the court to say that I have not, I am perfectly satisfied. It gives me no pleasure to be harrowing the people of Cromane or anywhere else. So long as I take £2,500 as Minister for Agriculture and Fisheries, I must carry out the commands of the law, but, ad interim, I think it is right that the Deputy should be informed that the fishermen in Cromane had some difficulty in drawing their draw net owing to the rocky condition of the shore and perhaps the Deputy is already aware that steps are being taken to level out the beach there so that they can without damage to draw nets effectively draw them while, if they have it in mind, they are preparing to bring me into court and prove that I am mistaken in my belief that I have to enforce the law.

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