asked the Minister for Lands whether he is aware that fishing rights on a Land Commission estate at Glencar, County Kerry, have been given to an hotel owner, and that these rights are now being sublet to foreigners; and if he is further aware that the tenants on the estate were given to understand that, under the 1923 Land Act, the rights would vestin the Land Commission and subsequently in the tenants; and, if so, if he will consider the matter with a view to remedying the injustice caused.
Ceisteanna—Questions. Oral Answers. - County Kerry Fishing Rights.
In accordance with Section 4, Land Act, 1929, before the Land Commission can make an order declaring that any fishing rights vested in them, they must be satisfied that it would be equitable and advisable that the fishing rights should so vest. In the case in question, the Land Commission published notice of their intention to make an order that the fishing rights vested in them. An objection was lodged by a local hotel owner who had purchased the fishing rights, and the objection was upheld after a public hearing. Consequently, the Land Commission could not, by implication or otherwise, have given the tenants to understand that the fishing rights on this estate would vest in the Land Commission and subsequently in the tenants.
The determination as to the vesting of fishing rights and fisheries in the Land Commission is an "excepted matter" reserved to the lay commissioners.
Is the Minister aware that the hotel proprietor in question purchased the fishing rights after notice had been published? Is he further aware that Dr. Went stated in court that he had the permission of the Department of Fisheries to give evidence and, if so, if he deems it fair to allow an officer of the State to give evidence on behalf of an hotel proprietor against Eugene McGillicuddy, one of the farmers concerned?
I am aware that the fishing rights were purchased after notice of intention had been published. I am also aware that the officer of the Department of Fisheries, to whom the Deputy refers, gave evidence. However, I am not responsible for that officer.
Who is responsible?
Are we to take itthat owners of fishing and game rights will in future be allowed to prevent the acquisition of land by the Land Commission for subdivision?
I do not think the Deputy can take any general deduction of that nature from my answer.
To whom is this officer responsible?
He is responsible to the Minister at the head of his Department. The Deputy does not, perhaps, appreciate that the supplementary question referred to an officer of the Department of Agriculture and Fisheries.
I heard the reply. I hold that no officer or servant of the State should give evidence against the interests of the people in a matter of this kind.