asked the Minister for Fisheries and Forestry when he will invite local fishermen to lease the St. George fishery, Clarinbridge, County Galway, for cultivation on a co-operative basis in accordance with a planned development programme; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - County Galway Fishery.
4.
(Cavan-Monaghan): Contractual arrangements with the owners of the St. George Fishery Company Limited have not yet been completed. When these are finalised, I will then make arrangements for the future development of the fishery.
Will the Minister elaborate somewhat on his statement that contractual arrangements have not yet been completed? Will the Minister confirm that, in fact, the deal is done?
(Cavan-Monaghan): I understand that the contract has not yet been signed.
The deal is done and the fishery has been bought.
There is a legal contract in existence.
(Cavan-Monaghan): A price has been agreed upon.
This is a very important point. The Minister is a lawyer as well as a Minister and I should like to know if he can give me an assurance that this fishery is now legally the property of the State.
(Cavan-Monaghan): I understand that the Deputy has also some knowledge of legal matters. A price has been agreed but my understanding is that a binding contract has not yet been executed.
Perhaps a written binding contract has not been executed — I do not know about the technicalities — but I would be anxious if the Minister would confirm to the House that there is no question but that this fishery will now become the legal property of the State, that negotiations have concluded and that, in effect, a legal contract has been made although a written contract may not have already been executed.
(Cavan-Monaghan): A deal has been made. The price has been agreed upon. But, as the Deputy's colleague beside him will tell him, until a contract is signed between the parties there may be a hitch. I do not anticipate any.
Has there been an exchange of correspondence which, if submitted to a court, would constitute a basis for the court to deem a contract to be in existence?
(Cavan-Monaghan): Now we are getting into very technical matters. As far as I know there has been an exchange of correspondence subject to contract.
If the Minister in his legal capacity were advising somebody trying to back out of the contract, would he advise him that he would not succeed?
(Cavan-Monaghan): I do not advise my Department, and I have not gone into the legal aspects.
Is the Minister aware that Deputy Haughey indicated to people in that area that the fishery was bought prior to the last election? Does the Minister now tell me that the contract has not been signed? If that is so, the Minister should state it clearly in this House now. May I further ask the Minister what was the price paid for the fishery?
(Cavan-Monaghan): The Minister would not be aware of all the activities or speeches of the ex-Taoiseach.
It was correspondence, every syllable of which I will stand over.
(Interruptions.)
(Cavan-Monaghan): In regard to the price, having regard to the fact that a contract has not been signed I should not mention it here.
It is a matter of public interest. I want to know what was paid.
Deputy Haughey rose.
I am sorry, Deputy. I have allowed a number of supplementary questions. I am calling the next question.
May I make a point of order? Deputy Donnellan, by implication, has made a certain suggestion. In fairness and honesty, I would like the Minister to rebut it. I think the Minister knows as well as I do — and I would ask him to confirm it — that this fishery is safely bought and in the possession of the State and there is no way it can be taken away from the State.
(Cavan-Monaghan): I am not going to say that because that would be anticipating a legal, binding contract. I do not see any difficulty arising and I am not aware of any difficulty. The deal has been made. The price has been fixed. But a contract has not been entered into. I cannot go any further than that.
The Minister has just said a contract has not been entered into. That is a different matter, as the Minister is aware as a lawyer. I asked the Minister to confirm that a contract has been entered into. A legal document may not as yet have been signed but all the elements necessary to make a legal, binding contract are there and a contract has in fact been entered into.
(Cavan-Monaghan): I am not so aware.