asked the Minister for Agriculture and Fisheries if he is aware of the hardship caused to fishermen and their families by the actions of fishery boards (names supplied) which confiscate boats and fishing gear of alleged poachers and hold them for sometimes long periods before prosecutions are brought; under what statutory authority this is done; and whether he will take any steps to remove the powers which allow these bodies to take away a man's livelihood before he is charged and judged by the courts.
Ceisteanna—Questions. Oral Answers. - Confiscation of Fishing Boats and Gear.
37.
I am aware that, where a charge lies for a suspected fishery offence, a court determination must be awaited before any boats or gear used in the offence may be disposed of.
The relevant statutory provisions are in sections 301 and 316 of the Fisheries (Consolidation) Act, 1959, and in sections 24 and 25 of the Fisheries (Amendment) Act, 1962. I understand that a case of this kind has recently arisen in the Limerick district and that the verdict of the court is awaited. I should prefer on that account to make no further comment at present.
Would the Minister agree that it is rather harsh, particularly if it turns out that the offence cannot be proved, to prevent these people from earning their living while the matter is under consideration?
The Deputy can ask me that after the decision.
Hear, hear.
This matter arises in relation to the Foyle Fisheries Commission and the Minister must be personally aware that in many cases the people have been found to be innocent and yet they found it difficult to get the boats and nets returned to them. What action does the Minister propose to take in such cases?
I should like to say to the Deputy, as I said in my reply to Deputy Corish, that I would prefer to withhold any comment until after the particular case in Limerick has been decided.
Is the Minister aware that, apart from the question of poaching, nets can be confiscated if on measurement it is found that the nets have stretched beyond the required limit? Does the Minister not agree that a lot of hardship——
Sin scéil eile.
There is only one Ceann Comhairle and he is not Deputy Dillon. Would the Minister not consider that in cases like this some other penalty should be substituted rather than confiscation of the gear?
That seems to be a separate question.
The Deputy can ask me that at a later date.
You might not be there.
Do not worry.