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Dáil Éireann debate -
Thursday, 28 Feb 1952

Vol. 129 No. 8

Foyle Fisheries (No. 2) Bill, 1951—Second Stage (Resumed).

Debate resumed on the following motion:—
That the Bill be now read a Second Time.

When the debate was adjourned last evening, I was expressing regret that the Government had not seen fit to acquire the entire rights in this matter. I take it that, both Governments having put up an equal part of the purchase money, citizens on either side will get an equal number of licences. I can see a very considerable cause of friction there. It must be remembered that it was the Donegal fishermen who set this action in motion and who are the cause of the Bill being discussed here to-day, and one can understand, if not share, the feelings of these men with regard to being entitled to a superior right in the fishery which has now become the property of the two Governments. I hope that problem will be resolved and that any fears I have as to its causing unnecessary trouble will not materialise.

It is very significant that power is taken in the Bill for the four men who will constitute the commission to rent two offices, one in the Six Counties and one in this State. It is peculiar that these four men cannot agree to meet in once place, not two places. Are they going to use the money and resources that will come from the owners of other fisheries, to squander it in any way they like? How can you expect fishermen from the Six Counties and from the Éire side to agree on how they will conduct themselves, in the river and in this narrow and short stretch of water — it is only about 15 miles long altogether — when the implication is that the four members of the commission cannot agree? Is it not positively ridiculous that four men will pay rent for two offices — one in the Six Counties and one on the Donegal side?

Build one on Lifford Bridge.

There is another matter that troubles me in regard to this and it applies to all legal bodies set up in this State—the claiming of exemption from all stamp duties and all rates. This commission is going to impose and collect rates from the owners of fisheries who will get no benefit at all from this commission, while the commission itself, owning what purports to be the most valuable part of the fishery in this whole area, is claiming to be exempt from rates. On what moral grounds do they claim the right to impose and collect rates from people to whom they give no benefits, while they themselves claim an exemption from any rent? They will collect this money and expend it in whatever way they like, but they in return are not giving any benefit to the owners of the tributary waters. That strikes me to be an extraordinary affair. If the owners of the tributary waters are to be liable for rates imposed by this commission, I submit strongly that the commission itself for this area over which they have control, should also be liable for rates. This House will not be doing its duty to the private owners of fisheries who get no benefit from this commission — none whatever — if they make them pay rates to this body while this body itself is to be exempt, though it has the most valuable fishery in the whole area.

There is another serious matter that has been overlooked and perhaps the Parliamentary Secretary will adjust it on the Committee Stage. Provision is taken in this Bill, in Section 55, to appoint inspectors and river watchers. No reference has been made to the men who occupy those posts now and there is no provision in regard to compensating them, assuming that they are dismissed from office. I hope that on the Committee Stage the Parliamentary Secretary will adjust that and that the present occupiers of all these posts — whoever they are and wherever they are — will be protected by an amendment by the Parliamentary Secretary provided that they are men of good conduct and there is no official report of any misconduct on their part.

Having said that, I wish this Bill success. I must say here and now and put it on record that unless the commission handle this thing with the greatest discretion and diplomacy I have grave doubts about its being a success. I want to emphasise to the Parliamentary Secretary that he will have to go into action at once if what was valuable property is to be restored to its former prosperous state. I rather suspect, from what I know myself and from what people tried to make me believe, that ample stocks of fish have passed through this river up to the tributary rivers. At a meeting I was called on to attend in connection with this matter, someone said that thousands of fish had passed up to the spawning beds. I want to tell the Parliamentary Secretary and his officers that that is absolutely and entirely untrue. Regarding the River Finn, which is the principal tributary of the River Foyle, I venture to give here and now a definite and positive opinion that last autumn there were not four dozen spawning fish in it. Therefore, I want to urge on the Parliamentary Secretary that this matter be taken in-hand at once and that active steps be taken, in whatever way the officers of the Department think it advisable, to have a hugh amount of spawn placed in the Mourne, the Strule, the Finn and the Reeland rivers, if we are to justify the expenditure of public money that we have paid for this fishery.

I do not know if the Parliamentary Secretary is aware or not that, for the last four or five years, since this prolonged lawsuit began, these rivers have been simply destroyed. I say definitely that in the last spawning season there were no fish up there to bring in sufficient run of fish in the future, within the next three to seven years, that will give a livelihood to those men who hitherto got a livelihood out of the River Foyle. That may sound alarming. The Parliamentary Secretary can hold an inquiry into it with the officers of his Department. The reports from the inspectors, which they have got from these men, may show that ample fish passed for spawning out of the River Foyle to the tributaries; but that is not true. There is not a doubt in the world of that. I would ask the Parliamentary Secretary and his officers to check up very carefully on that, as it is like everything else in the sporting line. Someone would ask you to come and shoot over his land and you would immediately ask him what birds are there, what game there is. He says there are plenty. Perhaps it is a man walking out with a dog at the same time every morning and the dog hunts up the same covey of birds and the man thinks there are hundreds, whereas, in fact, there is only one. Perhaps someone has been watching an odd fisherman up there and has magnified that into hundreds. In one case at that meeting, someone said there were thousands. That is utterly fantastic and did not occur, because, if they went up past Lifford and Green Braes or Carrigans, they never went out to the tributaries, they must have gone out on the land. People have an easy method of talking in fantastic figures.

I am talking about those men who hitherto got a livelihood on the River Foyle. There is no doubt in the world that when the Department and the commission take over this thing they will find that what I am saying is true. I have it from men who are experts all their lives, who have been 50 or 60 years at it and who know every fish in the river. They know the number of spawning beds in the rivers last autumn. I am telling the Parliamentary Secretary now that in the River Finn there were not four dozen spawning fish last autumn. That will give an idea of what will happen unless the commission makes money available for numerous spawn — the river will remain lacking a supply of fish. These are things that will confront them, to see that this State gets a return for the money invested. In my opinion, you cannot get millions of spawn now out of the fish in the Rivers Finn, Reeland, Mourne and Strule and you will have to go outside for spawn. You will have to get fry either from some of the rivers in Ireland or from Scotland. These fry, having been born in a river away in another district, even when put into tributaries of the Foyle, when they grow up and go out to sea and are returning again do not return to the Finn, the Reeland, the Mourne and the Strule but will go back to the rivers in which their parents lived. Some of them will go back. I think it is a scientific fact that very many of them will return from the sea to the rivers, even in other parts of Ireland or in Scotland, in which their parents lived. However despite this loss and the fact that a percentage of them did not return to the Donegal and Tyrone rivers, that risk will have to be taken. In that connection I think the Parliamentary Secretary will find himself on favourable ground.

The private owners of the tributary rivers should be contacted immediately and an agreement entered into with them with regard to the restocking of these rivers on a very extensive scale. I do not think that the Parliamentary Secretary and the Department will have any trouble with these owners. I would also like to emphasise the rights and duties of the commission. I think in that connection that it is absolutely unjust and not morally sound for this new commission which is only taking loot out of the estuary of the river to impose rates on the private owners while the commission itself is exempt. Surely it is unjust that the private owners will have to pay rates to maintain the expenses of this commission. I feel it is indefensible and I feel that this House should not pass a measure having this provision in it. I will ask the Parliamentary Secretary to be ready to accept some provision on the Committee Stage which will make that more equitable.

Apparently there are two viewpoints in the House, and they are not divided on Party lines, as to what degree of progress we have made in relation to this matter of settling the Foyle dispute. There are no two opinions about the fact that we have arrived at the point where we can acquire it.

Deputy Dillon's remarks were a little bit sarcastic at my expense last night when he said:

"I do not propose to travel the same ground as the Parliamentary Secretary travelled. I noted with appreciation the graceful tribute he paid to me for the part I played in the drafting of this Bill. I feel that it was over-generous of him to dwell in such detail and at such length on the success which has attended my humble efforts in bringing this happy development to realisation...."

Then he goes on to mention two specific points. Of course, anyone who listened to the statement I made knows that I did not refer specifically to Deputy Dillon, and if I have done him an injustice in any way let me undo it. I cannot claim much praise for myself, but I have given as much attention to this matter as other duties permitted me to give it during my tenure of office. I take it that Deputy Dillon would not have been in a position to give quite as much attention to it because he had to attend also to the general duties of the Department of Agriculture. But, in any event, at this stage, let me say that I think he feels a little bit piqued that I have not given sufficient justification for the victory that has been achieved.

That is one side of the picture. The other side has shown that all the speakers have spoken not in terms of final achievement but with grave misgivings. This is true of Deputies who spoke on both sides of the House. All those speakers were Donegal representatives, but I have a feeling that their views are representative. For that reason I have also the feeling that we have not yet finally arrived at what we expected to achieve in this matter. I feel, for the very reasons offered by the Donegal Deputies, that our representatives on this commission have not yet overcome the final obstacle and that, therefore, it is perhaps premature to throw bouquets around at anybody.

I was taken to task by Deputy Dillon for not having grasped the nettle by putting into the Bill a specific maximum number of licences that may be issued by the commission. I said a moment ago that I had given some attention to this matter since I came into office. My difference with Deputy Dillon on this particular point indicates to me that I have given more attention to this matter than he did but, possibly, he could not give it any more time than he did. It is not with out a good cause the Bill is being presented to the House as it is being presented in respect of that particular matter. Every Deputy who spoke mentioned this thorny question of the number of licences. Deputy Cunningham did not forget to remind me that whatever has been achieved has been initiated by the Donegal fishermen whose livelihood depends upon this fishery. I have to bear in mind the fact that there are a large number of livelihoods depending on how we handle this matter and what success we will achieve in the handling of it. I believe the commission will be able to make a contribution to this question of the solution of the number of licences by reason of the fact that they will be able to impose an ordinance in the Foyle area requiring that no crew and no boat will have more than one licence. I feel that that would be a fair regulation to introduce. There is nothing in the Bill about it but I would like to mention it now.

Surely it is the net that is licensed, not the boat or the person?

Yes, that is so, but the commission will have power to make regulations. I would like to inform the House that we have had this matter of the licences examined very, very closely with a view to finding a solution. It seems that the commission will find the solution by not having duplication or triplication of the licences. I understand that in one case a person was issued with 14 licences. However, I would hasten to point out that this question of the issue of licences does not govern the intensity of the fishing. The Donegal Deputies who live there know themselves that the fishing is carried out by the fishermen who have licences taking turn at the fishing stations in the making of shots into the river. If one man is fishing in a station and has it all to himself, it is obvious to anybody that he can make as many shots within the fishing time as ten men can make if the fishing time is the same, which it is. Therefore, it is not quite accurate to say that you do reduce the intensity of the fishing if you reduce the number of licences.

I would like to express this opinion — that the river was more intensively fished and far more damagingly exploited by the Irish Society or by its lessees than it has been even in the chaotic condition which arose since the right of the Irish Society was challenged.

Hear, hear!

I have grasped this question of the licences to which Deputy Dillon has referred as the "nettle" of the problem and, after exploring what the position was down on the Foyle and what it is likely to be now that this Bill has become known, I have formed the opinion that the absence of a specific number of licences is a much better start for the commission than to tie them down to a maximum number. I cannot understand how Deputy Dillon as Minister was able to arrive at a figure based on any degree of accurate knowledge or even an intelligent guess, that might be recommended to the House. I do not believe it can be done. One of the reasons, as I have already said, is that there has been such an amount of duplication, and until the duplication, triplication and even quadruplication has been cleared up you cannot arrive at a figure which you might put into the Bill, and that stage has not been reached.

The Department did try to give as much information as they could. They enlisted the help of the Gardaí in that but the information was not as readily forthcoming as was expected and, therefore, has not been quite as accurate as one would like it to be and certainly would not offer a very good basis for putting a figure into this Bill. It is not because we were not prepared to grasp the nettle. It was because we decided to apply our intelligence to the solution of the question. Because we saw that we would be putting an obstacle in the way of the commission, particularly in the way of our two representatives from Dublin, we decided not to have a number there. I am satisfied that, if Deputy Dillon were where I am and insisted on putting a number in, and appointed two people, as I am about to do when this Bill is passed, he then would have found that he had tied himself up in a knot that he would possibly regret. I have been down on the Foyle and have met the fishermen. I am not, therefore, without some knowledge and insight into the position from the fishermen's point of view on the Donegal side of the Foyle.

There seems to be a misconception as to what is taking place in this Bill, particularly in regard to the duties which heretofore devolved on boards of conservators in the matter of protection and propagation. What is taking place now is that the commission is replacing the Moville and Derry Boards of Conservators and the commission will have all the duties in respect of protection that are placed on a board of conservators in any other part of the country. Property owned or rated in the Foyle area which did not come within the ownership of the commission will be protected by the commission as a board of conservators would protect it.

Surely the law is completely different on either side. For instance, there is not a 1924 or a 1925 Fisheries Act in the Six Counties.

I want to point out to Deputy O'Donnell that if he will look at the Bill and examine it more closely he will find that very problem is dealt with; where necessary anything that does not apply, of course, is being left out and adaptation is taking place so that all the necessary powers for the protection of fish will continue to be enforced in the Foyle area. If the Deputy examines the Bill he will find that that is so.

Another matter about which Deputy O'Donnell has a misconception is the constitution of the advisory council. If he looks at Schedule 4 he will find how it is constituted. Everyone who takes out a licence will have a vote and also every rated occupier who is not entitled to be an ex officio member of the advisory body. The body so constituted will act not as a board of conservators would act but in an advisory capacity to the commission, which will exercise all the statutory functions in relation to protection.

But it will not include riparian owners.

The term "riparian owner" is not being used. I think that the term used by Deputy O'Donnell and Deputy McMenamin was "rated occupier" and "private owner". In any event the protection of the whole Foyle area is in the hands of this commission and they will have this advisory body constituted, as I have pointed out, to help them.

Regulations, of course, made by the commission will be laid before the two Parliaments, here and in Belfast and they will be subject to the same liability to annulment as such regulations usually are. Deputy Dillon objected to the abolition of the Moville board but I think I have given the reason why. The commission takes the place of these two boards, Moville and Derry, and it would be a duplication to retain the Moville board. The advisory council will be representative of the whole Foyle area which, as I think Deputy O'Donnell pointed out, coincides with the Londonderry district of 1855. That district was, of course, since the change of Government here, divided into the two districts of Londonderry, or Derry as we call it, and Moville on our side of the Border.

Deputy Cunningham suggested that there should be more direction from the Government. That is just one of the difficulties which is inherent in a question of this nature. It is thought better to keep the two Governments out as much as possible or the commission will not work. However, we have the comeback that regulations will have to be brought in here and they can be discussed. As I said in my opening statement, the commission really is an attempt to make a unified projection of the two Governments in Belfast and Dublin. If the commission cannot operate as a unit it cannot operate at all. So far we have got that unity in so far as the Governments and the Fisheries Departments are concerned, and also the Irish Society. Now we have the big difficulty which has to be solved by the commission and it revolves around this question of the licences.

Deputy McMenamin and Deputy Cunningham have mentioned this question of two offices at Strabane and Lifford. I do not think Deputy Cunningham objected to this. He asked where the men can contact the board. Deputy McMenamin has objected to the two offices. We are deliberately setting up the two offices so that if a man wants to contact the board and does not want to cross the Border, as suggested by Deputy Cunningham, he can do it on his own side. We think that is a reasonable provision to make for the convenience of fishermen and others.

With regard to Deputy Blaney's suggestion that the allocation of licences should be in the ratio of six to one in favour of Donegal, I am afraid I cannot hold out any hope. As a matter of fact, I cannot express an opinion as to what the ratio will be. It is because of the very tricky nature of this problem that we have deliberately refrained from tying the hands of the commission in any way.

I take it that there will be a perfect spirit of co-operation between the two representatives from Belfast and the two on our side; that they will have a full appreciation of the difficulties; that each will make due allowance for the difficulties of the other side. It is only in that spirit that a solution can be found at all. Therefore, when Deputy Blaney says that it is more in hope than in confidence that he is looking forward to this measure, I can sympathise with his viewpoint but I think he will have to allow the commission the latitude which the Bill is giving them in this particular matter, and trust to their good sense to see that it will be worked with the least possible friction. I realise, as the Deputy does, that the matter is bristling with all sorts of difficulties. Anybody who has the intimate knowledge that a Donegal Deputy has of the Foyle will appreciate that fact. I have already dealt with some of the matters which Deputy McMenamin raised. A number of them were raised in common by all Deputies. I do not think I need say anything further on the matter of propagation. That duty will be on the commission and they will have all the necessary powers to enable them to do it well. If private owners pay a rate for the fishery they will get this service in return — protection and improved propagation.

The Derry stretch, of course, is a key point in the whole fishery area. The Derry stretch is entirely in County Derry and, because of its very special character, it will be the intention of the commission, I understand, to put this stretch up for public tender and operate it as a private fishery. Anybody, of course, can tender for it. One does not have to be domiciled in Derry County. It is thought that in that way it can be most economically worked.

The Foyle and Bann could get a stretch of the river again?

They could, yes. It would be up for public tender and the people who offer the highest figure will get the fishing, provided, of course, that they are genuine tenderers. It may be that after a number of years the commission will find that people who have had contracts have abused them. Generally speaking, the highest tenderer will get the fishery but the commission will have to see to it that whoever gets it will not fish it to the detriment of the whole Foyle area and that spawning and propagation will be properly looked after. If the contractor fishes the Derry stretch in such a way as to damage the propagation of fish in the whole Foyle area, I take it they will take that into account in considering tenders the following year.

With regard to staff, the commission will take over the staffs of the two existing boards. How they will propose to recruit further staff after that is a matter that will have to be decided by the commission themselves. In other words, except for the provision that the commission has to come back with these regulations, what is being proposed here, in fact, is a miniature government that will have almost absolute power to regulate this fishery to get the best possible results, taking every interest into account. In view of the fact that the Border cuts right across it, it is not possible to have it otherwise.

With regard to the personnel of the commission, it is the intention to have civil servants, two from Dublin and two from Belfast. Again, an objection was raised, I think, by Deputy Dillon on that score here.

Does the Parliamentary Secretary not think that civil servants ruined the Sea Fisheries Association? We will have a repetition of it now.

Are they going to attempt to ruin it again?

There has been pressure to have local people put on this commission, on the other side of the Border as well as on ours. In view of the very special circumstances here, I do not think you could get a commission from the personnel available in the Foyle area that would do this job. Later on it may be possible to do that. At present it has been decided on both sides that two civil servants from Belfast and Dublin will form the best commission.

So long as they are able to recognise their fish.

I think there will be no difficulty on that score. On our side we will have two men who know the fish well.

Will the Parliamentary Secretary see to it that at least our two men will be men out of the Fisheries Department who know something about fish?

That will be the case. As a matter of fact the men have been very closely associated with the entire evolution of this Bill.

Will it be possible to get an amendment to protect the present employees?

They are being taken over. As I pointed out, the peculiar nature of this problem, the fact that the Border cuts across it, renders it more than ordinarily difficult. For that reason we will have to depend very largely on the common sense and good judgment of the people whom we put on the commission. I am satisfied that a good commission will be put in charge of the Foyle area and that if we can get the co-operation of those who are most interested in the Foyle fishing and if we have an initial period of a year or so, the commission will justify the confidence which I personally am prepared to repose in it.

I do realise that Donegal Deputies have reason to be cautious in their approach to this Bill. Because of my own personal contacts with the Foyle area since I became Parliamentary Secretary, I appreciate the reason for their caution. I again recommend the Bill and I believe that confidence will take the place of caution if this Bill gets a period of a year or so so that we can see exactly how it can provide a solution for this problem.

Question put and agreed to.
Committee Stage ordered for Wednesday, 5th March, 1952.
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