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Seanad Éireann debate -
Wednesday, 24 Jul 1974

Vol. 78 No. 16

Fisheries (Amendment) Bill, 1974: Second Stage.

Question proposed: "That the Bill be now read a Second Time."

The object of this short Bill is to prolong the period of office of the elected members of boards of conservators to October 1975, that is by one year. It deals with elected members and the election date only. Under the Fisheries (Consolidation) Act, 1959, as amended by the Fisheries (Amendment) Act, 1962, elections to boards of conservators are due to be held every five years and the next elections are due in October, 1974. The position of the ex officio conservators and of the ex officio members nominated by the Electricity Supply Board is governed by the provisions of sections 34, 36 and 37 of the Fisheries (Consolidation) Act, 1959 and, accordingly, their position is not affected by this Bill. Some anxiety was expressed by Deputies in the Dáil about these ex officio conservators and ex officio members but I was able to reassure the Deputies on this point.

I had hoped that prior to the elections due to take place in October this year, I would have been in a position to bring before the Oireachtas the necessary legislation to effect revision and improvement of the constitution of boards of conservators. However, we all expect that the Inland Fisheries Commission will have recommendations which will call for extensive amendment of the fisheries legislation on many aspects including the constitution of the boards. I have decided, therefore, that it would be inappropriate for me to proceed with my proposals as a separate matter and that they should be considered in conjunction with recommendations of the Inland Fisheries Commission following which comprehensive fisheries legislative proposals can be brought before the Oireachtas.

The extension of the period of office of the elected members of the current boards of conservators by one year by the postponement until 1975 of the elections due to be held in October, 1974, will, it is hoped, give time for the finalisation of the recommendations of the Inland Fisheries Commission and their full study and examination in my Department. However, to provide against any unforeseen delays, a provision is included in the Bill enabling the Minister by order to postpone the elections for a further period beyond 1975 but at this stage I do not anticipate that any such further postponement should arise.

Here I would again acknowledge the great service that has been given by the members of boards of conservators over the years. These members have worked on a voluntary basis and have given much time and effort to fishery conservation and protection work with all its attendant problems and difficulties. They deserve our gratitude and appreciation and I am confident that they will continue to give their services for the extra year proposed in the Bill.

The boards of conservators were set up under a Fisheries Act of 1848. While amendments affecting the boards' functions have been made from time to time by various statutes, generally speaking, it can be said that their basic constitution has remained almost unaltered for more than a century. Obviously the whole matter of the constitution of the boards and the boards' functions and powers could benefit from an examination in the context of modern conditions and in the interest of the further development of our inland fisheries. As I have said, the matter will be examined in depth as soon as the recommendations of the Inland Fisheries Commission are available.

I recommend this short Bill to the House.

A Bill such as this gives us an opportunity to make some observations regarding the whole aspect of fisheries in this country. Being from an inland county and not being very conversant with what happens along our coasts, I cannot say that I am an expert in any way in dealing with this field. At the same time, I have some idea of what the potential of our fisheries should be. After all, we are an island country. We have the Atlantic shelf around our coasts. Our climate is fairly favourable. It is the opinion of the experts that fishing can be a tremendous economic asset so far as our population is concerned. In the past, those living around the coasts had to eke out an existence with very antiquated equipment. Since native Government was established some aids have been given to them by providing money for boats and issuing regulations regarding fishing seasons and so forth but so far as our fisheries are concerned much more could be achieved.

The Department of Agriculture and Fisheries grouped together does not seem to be the correct grouping. One is inclined to think that as an afterthought Fisheries were added to the Department of Agriculture. I think fisheries and conservation are a very important aspect of this whole matter. A Bill such as this gives us some idea and some reason for making reference to what is happening inland in our country. The boards of conservators were set up under the 1848 Act, as the Minister told us. The regulations where by they were appointed and the methods of appointment are very antiquated and very much outdated. That is not to say that the men sitting on these boards are not competent and that they do not know what is happening but when this legislation was passed the British were in occupation in our country. They took over everything that was of importance and ran the country from their own point of view.

We have our independence in this part of the country and the time is long overdue for native Governments to ensure that our fisheries are developed for the betterment of our citizens as a whole so that they would aid in expanding our exports and improve our economy. The day is long past when people who inherited these fisheries, probably under some dubious title, should be brought to task. If it is necessary in the interests of improving our fisheries and improving the economy to compensate these people— I do not for a moment suggest that they should be ridden over roughshod and driven out of the country—this should be done. If any of us had something in our possession which had been in our families for the last 200 or 300 years, irrespective of how we acquired it, we probably would not part with it too lightly. These people may have established a right to such fisheries and it would be right for the State, on a piecemeal basis if it proves too difficult to do so at one attempt, to compensate them in an arbitary fashion.

We must ensure that these natural assets will be used for the benefit of our people. I am not conversant with the election of the boards of conservators but in days gone by to get elected to a board of conservators you had to have a certain valuation. That reminds me of the universal suffrage in 1918 when you could not have a vote unless your valuation was more than £10 and when many people asked to have their valuation increased so that they would be able to exercise the franchise in elections.

The method by which these boards are elected might be revised to make it more democratic and to give a broader field under a wider electorate. This would ensure that these positions would not become the natural preserve of certain people with vested interests.

I referred earlier to the valuable potential of our fisheries. Coastal fishing attracts hundreds of tourists throughout the year. Salmon fishing is important because it, too, can be developed and our rivers appear to be very suitable for the conservation and the enlargement of the numbers of salmon they can carry.

I should like the Parliamentary Secretary to look into the matter of pollution. This may not come under his Department but these matters cannot be put into various water-tight compartments. Pollution is a problem of recent times in our country, particularly in the major rivers. It arises mainly because of the development of industry. I wish to emphasise our welcome for industry as an antidote to the emigration we have had for too long and I do not wish the Parliamentary Secretary or anyone else to think that I am criticising industrialists who come to this country by alleging that they are the main cause of pollution through their projects. But pollution is a problem, although it may not all stem from the sources which are usually blamed.

Pollution can be caused by certain soaps and detergents which kill fish as easily as fertilisers used by farmers or effluent from silage pits or waste from various industries. Our laws may not be framed tightly enough to cover all these aspects. There does not appear to be legislation to tell people where they may dump crude oil.

It is estimated that we have almost 150,000 square miles of lovely lakes and many large inland rivers and it would be a tragedy if salmon failed to return from the sea to them. The Parliamentary Secretary, who is doing a good job, should be sufficiently well versed in all aspects of the pollution of these lakes and rivers to ensure that this source of wealth is not lost to the economy. In the proposed reconstitution of these boards or conservators, the Minister must consider the fact that many of our rivers pass out of our jurisdiction into the Six Counties and that there must be genuine co-operation to preserve the fish and keep out waters clean and healthy.

The Inland Fisheries Trust have done excellent work. In conjunction with Bord Fáilte they have made fishing an attractive pastime and have erected stiles and passes along lakes and rivers. Farmers have been very co-operative in this. More such stiles should be erected to avoid trespass on lands.

I should like pay a compliment to those people who have through the vocational education committees, sponsored fish cooking competitions and have made people aware of the delicacies which can be produced from fish caught in our rivers. Our menus could be made more "fishy" and this would help to develop the industry. As island dwellers we do not get fish in sufficiently large quantities or at competitive prices in some rural areas despite refrigeration and other methods of preserving fish.

This Bill does not present any great difficulty. It merely postpones the election of members of boards of conservators. I trust the Parliamentary Secretary has in mind a more democratic system of election to these boards. A delay of one year will not make a great difference. We have lived with this system since 1848 and one year of waiting for a better system will not affect us very greatly.

I have been looking through the Fisheries (Consolidation) Act, 1959. Its powers and extent are extraordinary. I could not overemphasise the manner in which our fishing industry has been neglected during the years. It is the public who are to blame when we get gross neglect of a natural resource. In no other field has a natural resource been more neglected than in the case of our fisheries. In recent times when we got an inkling that there might be major mineral deposits of oil and other raw materials off our coasts and in our lands, there was a human cry from the public about taking these wealth sources over and developing them for the good of the country.

What have those people been doing over the years? What excuse is there for their indifference, and absolute ignorance in many cases, with regard to our fishing industry potential? There would never have been a need for people to emigrate from this country if the fishing industry had been developed along proper lines. It is probably one of the greatest indictments of the native Irishman's inability to invest in, organise and develop an industry which is on our very doorstep.

That may have been. What best can we do from now on? I would implore the Government as a whole, and the Parliamentary Secretary, to take another look at this major source of wealth. Year after year we watch fleets of ships—we could not call them trawlers—swarming around our coasts but we have been barely able to keep them out. Most of the time we are not. The poaching and devastation which takes place is beyond the comprehension of those who have not seen it. This exploitation has not really affected our salmon industry to any great extent, but I am afraid that it will in the near future.

In an endeavour to plan and develop our fisheries—something which should have been done years ago—I would advocate that we have a separate Ministry for Fisheries. Being tied to a Ministry such as Agriculture, which is our primary industry, fisheries naturally suffer, being the poor relation. I can think of other Ministries which deserve a lesser rating than fisheries. So many different Departments, at the moment, are involved in fishery matters that the solution to a particular problem could elude one for a considerable time.

The Department of Transport and Power, for instance, own everything up to the high water mark. The Department of Foreign Affairs negotiate our fishery limits. The Department of Industry and Commerce are responsible for all exploration of any minerals that may be on the sea bed. The Department of Defence and the Department of Justice are responsible for the defence of our fishery limits and for the apprehension of people who violate them. It would be far more logical to have a Department dealing with fisheries alone which could be called the Department for Maritime Affairs. This has never become more apparent than in recent times when we seem to have great mineral wealth at our disposal.

In each county in the country there are committees of agriculture and there is the Department of Agriculture and Fisheries. No thought is given to the development of fisheries on a regional or county basis. This goes back to what I mentioned originally, indifference and neglect. We need a specific Department to look after fisheries. I do not believe, with the limited manpower in the fisheries section of the Department of Agriculture and Fisheries, that we can do justice to this industry which, I believe, is our third greatest industry. One would never imagine this from the manner in which it has been operated over the years.

The boards of conservators, with which this Bill deals, have come in for considerable criticism in the last few years especially in conjunction with the Salmon (Amendment) Acts which govern the restriction of licences. The conservators are a group of men who have done tremendous work on a voluntary basis. The method of their election is not satisfactory. It is undemocratic that people could have several votes on a board merely because they have a certain valuation. It is an archaic and futile system. I do not agree with the system of election but conservators by and large have been excellent public citizens and have served this country very well. They operate and attend meetings without getting expenses. I know of conservators, working-class people, salmon fishermen with no other means of livelihood, who have to travel 50 or 60 miles without any expenses to attend meetings. This is unfair. These meetings were not so frequent up to the last two years when the controversy over the licences arose. I believe that from now on they will be held once every month. I think the Parliamentary Secretary should look into the matter of paying these people expenses. They are doing a good public service and should be properly compensated for the lost time which they incur.

Conservators have been given a most unsavoury task in recent years. They have been asked to adjudicate on the issuing of salmon licences—a most unpopular thing when it comes to restricting the numbers. Some of their friends have had to be denied licences because they did not come within the limits prescribed. It would probably have been wiser to set up an investigating board and to allocate these licences after a thorough examination. The conservators were not in a position to examine the credentials of each individual applicant. They have had to withstand a certain amount of abuse and misrepresentation on this matter.

The employees of the conservation boards, that is the waterkeepers, badly need to have their conditions of employment improved. Waterkeepers, or bailiffs as they may also be known, are temporary employees, not permanent employees of any board or any Government Department. They are paid a very low wage. They have a most dangerous job without the standing of the Garda Siochána and are constantly in danger. Much of their work deals with apprehension of people poaching at dangerous hours of the night and in dangerous places such as the banks of rivers and quite often they are outnumbered. They have a most unsatisfactory working arrangement. They have been most loyal employees. For what they have been paid they have done tremendous work. I would ask the Parliamentary Secretary to look into their conditions of employment and give them favourable consideration. The expenses they get for travelling throughout a fishery area would astound the public if they knew what they were: it is a fraction of a penny per mile.

Their jobs in recent years have been expanded out of all proportion. Only in the past four or five years is there such a thing as salmon fishing at sea in the vast majority of areas in this country. Previously their activities were confined to the rivers; now they have got to patrol the coastal areas and have to go to sea and examine the nets and boats. The area and volume of their work has considerably increased. Their numbers have not increased nor has their remuneration, to any great extent. It is time that they got a fair deal. Quite often their work is wasted because we have a number—a small number, admittedly—of district justices who will not deal fittingly with people who are caught poaching. There is a discrepancy in the manner in which poaching offences are dealt with in the courts. Some district justices quite rightly impose stiff sentences: others treat the whole thing as a bit of a joke. People who have been repeatedly caught poaching are let go scot-free or almost scot-free. I would ask the Parliamentary Secretary to bear this in mind. I have spoken to some of these waterkeepers and they feel very aggrieved when, after their endless detection work and nights of waiting, poachers are so leniently treated when brought to the courts.

The Parliamentary Secretary brought in a restriction on the hours for fishing in certain private fisheries earlier this year. This would seem to be a just type of conservation if the fisheries were operated solely by large, wealthy owners who are making a stupendous profit. Unfortunately, that is not the case. The river Blackwater is such a fishery: it is a private fishery. The owners are extremely generous in the manner in which they allow the traditional fishermen to work-this fishery. They may pay a rental of £12 per annum and they have got the same rights as drift net and draft net fishermen in the public fisheries. These people feel aggrieved that their livelihood has been affected by the restrictions.

Previously, all fishermen could fish from 6 a.m. on Monday morning to 6 a.m. the following Saturday morning. Now they have been restricted to 1 p.m. on Monday—that is seven hours less— to 6 a.m. on the following Saturday morning. Seven hours in fishing terms can be quite considerable. This penalty or conservation clause does not apply in the outer fisheries—that is the public, open sea fisheries and in the public rivers. The fishermen on private fisheries such as the Blackwater are quite willing to forego the seven hours which are at present being taken from them in order to give fish a chance of going up the rivers. They are willing to cut back their fishing from 6 a.m. on Saturday mornings until 11 p.m. on Friday nights if they get the concession to have the 1 o'clock limit on Monday afternoons put back to 6 a.m. on Monday mornings. They do not want any extension of hours, all they want is a simple transfer of hours because the Monday morning period is a particularly good time for fishing. It is hard enough for these men as things stand. River fishermen cannot fish 24 hours a day: they can only fish while the tide is rising and while the tide is falling. That means that the maximum time for which they can fish is eight hours. These are drift net men in the region of Youghal Harbour, Clashmore and Villierstown. Further up the river towards Cappoquin in the Villierstown-Cappoquin area where we have draft nets and snap nets these people are more severely handicapped because they can only fish on a falling tide. That restricts their hours of fishing to four hours per day. We have this discrepancy where the people who can only fish during restricted periods have had their hours of fishing cut while those in the public fisheries have not been affected: they can fish continuously for 24 hours a day on five days a week. The result is that people in the private fisheries in the areas I have mentioned are suffering considerable financial losses. I do not see that the conservation is being entirely consistent when the people at the mouth of the harbour can fish during the hours when people up the river are prohibited from fishing. I should like to see this condition removed when ordinary individuals are trying to make a living. I would not object if the people concerned were employed on a fixed rate per week by the owners of the fishery, but they are not: they are dependent almost entirely in most cases, and entirely in other cases, on their actual catches. The hours should revert to what they were in this type of private fishery, or else the fishermen should be given the option of taking the seven hours off Friday night/Saturday morning and having Monday morning. This is what they want and it amounts to the same thing in terms of hours. They do not want anything extra; they just want the same number of hours at a slightly more convenient time.

We have also been considering the question of the length of nets. Most fishermen would agree with the limits that have been imposed but there is a grievance with regard to the depth of net. Traditionally it was the custom to fish 30 meshes deep but more recently it has become the custom in certain areas to fish 60 meshes. Traditional fishermen, who fish 30 meshes, particularly in the rivers, are a bit disappointed that the depth of net has not been governed by the new regulations. They feel at a great disadvantage when people out at sea may fish 60 meshes deep, which gives them a considerable advantage over the river men. The Parliamentary Secretary might look into this.

There seems to be great laxity as regards enforcing the laws of conservation in bays and inlets. Large boats are able to trawl and to come right in to the shore and fish, cleaning out whole areas many of which are spawning beds. The smaller men feel aggrieved over this. They believe that these areas should be conserved. The law is there to conserve such spawning beds and spawning bays but I have never once seen a person brought to court for trawling or destroying spawning beds. The laws are not being applied as they should be, and great damage is being done. Perhaps some of the people who are shouting about conservation should look at that aspect of it. The only time conservation is raised is when people are seen to catch too many fish. The conservation of fishing stocks was never really raised until the drift men started making good catches a few years ago. Think of the basic conservation—the breeding grounds. These are not being guarded properly in the bays.

Some time ago Senator Dolan praised the vocational committees for running cookery classes and for providing facilities for teaching children how to cook fish. I am afraid I am not impressed. My tastes are pretty typical. The presentation and cooking of fish does not come within this Bill, but much of our fishery ills are due to the fact that our fish are not presented and cooked in a manner which gives the people any great love for fish. This might be one of our basic failings. We have a natural dislike for and are accustomed to being dished up with half-cooked or burnt fish. Bord Iascaigh Mhara might launch a campaign to present fish meals in a more attractive and delectable manner. It is amazing how the Continentals can present these dishes but we seem to be totally unable to do so. It might be a major public relations operation if this were done. I am referring specifically to shellfish——

An Leas-Chathaoirleach

As the Senator himself remarked, this is rather outside the context of this Bill.

Shellfish are within the ambit of this Bill—at least molluses are.

He has to catch them first.

They are easy to catch. In our shellfish industry we just pick up periwinkles and mussels, put them in bags and export them. No attempt is made to teach the local people how to cook and eat them.

Senator Dolan also mentioned the matter of nationalisation of our fisheries. Who wants to have our fisheries nationalised? Nationalisation may sound a pretty good sentiment but experience of nationalisation has usually been that poeple suffer rather than benefit. Some of the private owners of fisheries have really done wonders in the manner in which they have developed and worked the fisheries; they are a credit to the country. If there is unfair exploitation of fisheries, then some effort should be made to purchase them and give them to people who will run them properly. However, by and large, there has been no outcry, except from Sinn Féin, over certain private fisheries. I regard this as a lot of ballyhoo. The private fisheries with which I am familiar are being run very well and are of great benefit to the nation and are of more benefit than most of our public fisheries. Let us not be too rash in trying to nationalise something that is doing as well as it is.

Senator Dolan also mentioned pollution. This is where a properly financed system of boards of conservators would be of great benefit. How can the present conservation boards, with their limited financial resources and their limited manpower in terms of water-keepers, successfully control the running of the fisheries, stop the poaching and prevent the enormous amount of pollution? Every public authority is causing the various lakes and rivers to be polluted. It is the easiest thing in the world to run a sewer or the overflow from it into a river. Where else would you put it?

The attempts to stop this type of pollution are only superficial. I have seen a few prosecutions but the fines imposed are not a deterrent. Financial aid to the boards of conservators would have to be increased if people are to be prevented from letting raw sewage, slurry and effluent from silage pits flow into streams and rivers. Every year we read of it in the newspapers. Some time ago in County Laois we learned that a whole stretch of river was ruined by pollution. Last year this happened in a lake in the midlands and in the river Suir in the Thurles area. This happens year after year and is on the increase. We must get down to the task of tackling pollution. It has not been done yet. Any attempt made has only been skin-deep. Industries in this country have been immune up to now. The idea has been that employment is so important that everything else is secondary to it and can suffer as a result. Any industry can pump its effluent into any river and no one dares to say a word because if they do the management will immediately say that they will have to close the factory if they are forced to dispose of the effluent otherwise. This is the type of blackmail that any Fisheries Department should not stand for. The board of conservators should be backed to the hilt in the prevention of pollution and prosecution for contravening the regulations.

All types of pollution must be stopped. The accumulation of all types of pollution will kill off great expanses of our waterways. Some of them have been killed off already. I have seen a river in my own neighbourhood which was allowed to die because the factory concerned would not stop dumping their effluent into it.

I should like to refer to the lack of public outcry when a river is killed off. There is the River Dalligan quite close to me in County Waterford. It is not a big river. Some people might classify it as a stream. Every year hundreds of salmon go up to spawn in this river. Some five years ago a dam was built on that river in order to provide water for a local industry. That was very commendable, but the dam did not have a fish pass. I questioned this at the local county council meetings. I was told a fish pass would be provided, but that has not been done. To all intents and purposes that river is now dead. No longer can the few hundred salmon that go up it travel in it.

Our lack of consistency when we come to conservation is quite annoying. That river was allowed to die. It contained a rare species of eel. It was one of the very few places in the South of Ireland where the lamprey eel, which is a very primitive type of eel, existed. Again, nobody expressed any concern. The local authorities were not worried when it died off. We should concern ourselves with these types of works.

We are approaching the poaching season. The rivers are getting low. The salmon are about to go up river to spawn. The poachers are sharpening their spikes, spears or whatever they use because salmon will be stranded in pools and easily captured and slaughtered. The waterkeepers will do their best to prevent this. They will apprehend certain numbers of poachers but huge numbers of poachers will escape the net. The ones that are caught are quite likely to be let off lightly at the local district court.

I live in a neighbourhood where there are a number of spawning rivers. The large-scale slaughter of spawning fish in the period from August to November is quite frightening, as also is the manner in which the spawning beds are disturbed. If a local resident wishes to remove gravel from a river-bed he brings along a tractor to remove it. Quite often he completely wipes out a spawning bed but nobody is really concerned. The waterkeepers do their best but they have not got the resources to stop this happening.

If we want to conserve salmon stocks we must stop poaching, preserve the spawning beds and, if possible, construct hatcheries. This all needs to be done in a rational manner. At present it is just a hit-and-miss operation. Any of us who live in regions where there are spawning rivers can experience this type of poaching. We are quite likely to be offered a fish in the autumn period at from 50p to £1. This type of trade goes on. People try to tell you that it does not exist, but it does and I know it.

We have never really found out the habits or the manner in which salmon travel. The manner in which they come to the seas off our coast has never properly been plotted. Maybe this is just as well. I read a report some months ago that the Japanese have expressed their intention of appearing off the Irish coast next year to fish for salmon. If they get to know the runs the salmon take our salmon industry could be in a very precarious position. This netting at sea is quite effective as we all know from the evolution of the drift netting at sea. If the Japanese fish salmon off our coast on a large scale with their huge ships I am afraid the whole structure of the salmon industry here will be at risk.

I am always amused when I hear the experts, as they are called, from the various Departments and from the various pressure groups producing evidence of the effect which drift netting is having on salmon stocks. I take their evidence with a pinch of salt. I know that their figures are not consistent. For instance, we are told that this year in Burtonport the catches of salmon are greater than ever. Last year the Blackwater had a run of spawning fish up the river which was greater than ever. Nobody has conclusively found evidence that drift-netting is damaging the salmon stocks. It is all a matter of conjecture. I would like to see some more exploratory work done in this field.

I would like to convey my compliments to the Parliamentary Secretary for bringing in the Salmon Licence (Amendment) Bill, 1973. It was a great improvement on what had been there before. The Salmon Licence Bill brought in by the previous Government in 1972 was a disaster. It discriminated against good, hardworking fishermen. The more recent legislation is fair. It is not to everybody's satisfaction but it gives most traditional fishermen a fair crack of the whip. To have three licences from 1968 to 1972, as in the first order, was prohibitive because many people have only gone into salmon-fishing during the last two years. Lobster-fishing has declined and other fisheries have also had lean times. Most people on the coasts did not have three years' licences and many people who make a living from the sea would have had to leave that occupation. Whereas the 1972 Bill would have restricted the number of licences to something like 700 the 1973 Bill has increased that number to over 1,000 without any great interference with our salmon stocks. It has given over 600 people jobs which otherwise they would not have had if the 1972 order had been implemented. Because of the changing patterns in fishing it was wrong to exclude people who had not been salmon fishing all their lives.

I should like to compliment the Parliamentary Secretary for his work in this regard.

I can understand the necessity for this Bill without actually welcoming it because I look forward, as the Parliamentary Secretary indicated in his opening speech, to more comprehensive legislation dealing with the entire range of our fisheries. As Senator Deasy has pointed out, there is a very complicated and long Act, the Consolidation Act, 1959, which governs our fishery regulations and laws. There have been many changes in our fishing industry. The entire commercial aspect of our fisheries as a natural resource, the realisation of the ability to catch more fish and the increased price of fish have completely changed the position. Even since 1959 there have been so many changes in our fishing industry that it is time to have a new look at the whole industry and introduce legislation which will cover the current operations in the fishing industry.

From the Parliamentary Secretary's address I understand that the Inland Fisheries Commission will make recommendations which he will take into account when drawing up new regulations dealing with boards of conservators and other fishery matters. The sooner this action is taken the better. There is very urgent need for a complete new consolidation Act to take into account the changes in the fishing industry. For this reason I am a bit worried when the Parliamentary Secretary asks for an extension to 1975, although this is necessary because of the situation that exists at present. I am even more worried to find that the Parliamentary Secretary gives himself the power to increase the terms of the boards of conservators. However, I know he will deal with this matter as soon as he can. It is an urgent matter and requires legislation at the earliest possible date. I look forward to the implementation of recommendations made by the Inland Fisheries Commission on the appointment of conservators or other people to oversee our fisheries and the matters referred to by Senators Dolan and Deasy.

Senator Deasy has put his finger on many of the problems and on changes which have taken place. He has indicated how we need to take a fresh look at the industry and have legislation drawn up to regulate it. I appreciate the Parliamentary Secretary's very difficult task in this regard. He has to weigh many factors one against the other. First, he must consider the basic factor of conservation of our fishing stocks. If we do not conserve our stocks there will not be anything to discuss on the Fisheries Bill. He must safeguard the livelihood of people whose main occupation is fishing. Many of these people, particularly the deep sea fishermen, lead a hazardous life. Their rewards are small. They work in dangerous conditions. We want to see our fishing industry developed.

As Senator Deasy has said, we did not realise until the last few years how important our fishing is and how essential it is to extend and develop it. At the same time, the fishing industry must be developed in an orderly fashion to ensure that stocks are not exploited with the result that fish disappear. There are problems connected with the conservation of stocks. These are matters which the Parliamentary Secretary must take into account.

We also have the matter of fishing as a recreation. We know from reports of Bord Fáilte and other authorities that this aspect of our fishing industry is very important from the tourist point of view. Fishing as a recreation provides a very large tourist income. It is a big inducement for people to come from abroad and fish in our waters. It is a pastime which is shared by many Irish people, including many distinguished Members of this House, and they get enjoyment from it. It has been an Irish pastime for hundreds of years.

It is important that the Parliamentary Secretary should take these interests into account when he is drawing up legislation which we hope will be comprehensive and deal with all aspects of the fishing industry. We are speaking specifically about the boards of conservators which were set up by an Act in 1848 and they have continued with only minor changes since then. While they have rendered an excellent service now is the time to review their function and role in order to see if the tasks which they are carrying out as boards of conservators are capable of being carried out by people who are not remunerated, who do not get travelling expenses and are part-time. This is not a bad system. It has rather feudal origins but since 1848 it has worked extremely well in operating our fisheries. However, my contention is that the pressure has grown so much over the last ten years it is not now possible to regulate fisheries in this manner.

Senator Deasy has pointed out some of the weakness in the system. It is unfair to ask a board of conservators to adjudicate on the problem of licences, particularly those for drift netting. One of the reasons is because there is a lot of money involved in salmon fishing and this is only a recent phenomenon. People have only recently been making large sums of money from salmon fishing by virtue of drift netting. In 1961, there were 319 licensed drift netters. They killed salmon valued at £218,000 whereas in 1972 there were a total of 1,156 drift netters and they killed salmon valued at £2,350,000. In the years 1961-72 there has been a dramatic increase in drift netting around our shores. This increase has caused problems in the licensing of drift nets for salmon fishing.

The Parliamentary Secretary has been paying attention to these problems. We have already had an Adjournment Debate in the House, on the 14th November, 1973, and although the Parliamentary Secretary and I may not have been in agreement on all the details we both have the same basic interest at heart, which is to see that the various interests in the fishing industry are taken into account; that the stocks are not fished out and that people who deserve to earn a living are able to earn a fair living from this industry. The problem is really one of administration.

First, legislation must be drawn up to govern the industry. Senator Deasy has already raised the problem of the depth of the net. If 60 meshes is the limit for the depth, this, in my opinion, is too deep for deep sea fishing, especially drift netting for salmon, and in particular the "close-to-the-shore" type of drift netting. There is also the problem of the length of the nets. The boards of conservators in the various areas must see that the legislation is put into effect. There are two problems here. As Senator Deasy has pointed out, the bailiff's task is a thankless one. The bailiff has a low status. He performs a dangerous job and is often assaulted by the poacher. He is not in the same position as a member of the Garda Síochána who may expect a member of the public to come to his assistance if he is assaulted. Something needs to be done about the enforcement of the law because the existing bailiff system is inadequate.

From my own experience I know of the fear in which bailiffs operate. The reason for this is that poaching is not an amateur's game. It is now big business. Business interests involved in poaching which find that the bailiff is interfering will deal with him in an unpleasant and often violent manner. These encounters take place late at night, mostly during the hours of darkness, and it is easy to injure the bailiff and get away with it. It is an unpopular job. Their conditions of employment should be changed.

There is also the problem of the duties of the boards of conservators being too heavy for voluntary boards. They must take care of the granting of licences, the maintenance of stock and the enforcement of regulations. This area needs to be brought under the ambit of the Department. More permanent officials need to be appointed to look after the duties of the boards of conservators.

The days are gone when the conservation boards could be part-timers or amateurs who met every three months. In areas in which fishing is big business, permanent officials attached to the Department of Agriculture and Fisheries are needed to deal with the problems which occur, such as licensing, which is difficult to adjudicate particularly when the board of conservators has the interested groups represented on it. There are always some fishermen on the board of conservators. They are owners of fisheries. The only fair way in which this can be dealt with is by officials of the Department. It must be done in a centralised way in local areas. There must be uniformity in the issuing of licences.

Anyone in the fishing industry knows that there are abuses which go on particularly in regard to drift net licences. There abuses are difficult to stamp out. I sympathise with the Parliamentary Secretary in his efforts. A well-off professional person may set up somebody to apply for a licence and fit him out with equipment and take most of the catch from him. The person who applies for the licence must fulfil certain requirements. Most of his living should come from drift net fishing. Something funny is happening if, as we know in a number of cases, the real benefit is going to someone who has an income of his own which is not dependent totally on fishing for a living. The Parliamentary Secretary must weigh up these points. The salmon fishing industry off our shores is a new one. We must keep it constantly under review.

Senator Deasy stated there was no evidence that the increase in drift net fishing had depleted salmon stocks. The answer to that is that drift netting to the extent to which we know it currently has not been going on long enough for evidence to accumulate. if we look at what has occurred in other countries we notice that the drift netters have been totally banned in Canada. In 1972 there was a total ban on commercial salmon fishing in New Brunswick and south-west Newfoundland, which are the main areas for salmon fishing on the eastern Canadian coast. The Canadian Government paid £2 million in compensation to the fishermen who were put out of business. They did this to preserve the salmon stocks. It may be possible that the salmon stocks will replenish again and commercial fishing will be allowed. We must be careful when making a statement such as was made by Senator Deasy who stated that there is no evidence to show that the drift netters are not going to decimate our salmon stocks. There is no evidence to the contrary either. We must ensure that the Parliamentary Secretary has the power in the legislation he is introducing to control the situation so that the people as a whole may benefit. As he has stated, our fisheries are a very important natural resource. We have only just begun to realise this. The Parliamentary Secretary must have the power to make these regulations and to enforce the controls. We have not realised that we have moved into a new era in which fishing has become a commercial proposition. The penalties for people who are apprehended in breach of the fisheries laws are just ridiculous. People who can easily catch £100 worth of salmon per night are brought up in court and fined a derisory amount of £2 or £3 and may have their gear confiscated. As a result of being caught they may have expenses of £10 or so but they can still sell their salmon on the market for £100. They do not do too badly out of a night like that. It is not always like that.

The point is that the legislation we need must have more teeth and larger penalties. The Parliamentary Secretary must see that these penalties are enforced. As Senator Deasy has pointed out, there are district justices who are treating this as a joke.

Business suspended at 6 p.m. and resumed at 7.30 p.m.

Before business was suspended I was endeavouring to outline the difficult task facing the Parliamentary Secretary in weighing up the various factors involved when he draws up the new legislation which we need to control our fishing industry. I was trying to give examples of this from other countries and I pointed out that in Canada in 1972 it has been deemed necessary to ban commercial fishing totally in New Brunswick and south-west Newfoundland—the main fishing grounds on the east coast.

Our fishing industry, so far as the salmon stocks are concerned, is not as old and has not been as extensively developed as the Canadian industry but what happened there should serve as a warning to us. It illustrates the need for the Department of Agriculture and Fisheries to keep the situation regarding salmon stocks under constant review. In the late 1950s the major feeding ground of the Atlantic salmon, when they leave the eastern shores of the US and the western shores of Europe, was discovered by means of radar and sonar devices. Nowadays, it cannot be said that any shoal of fish are undetectable because modern methods, such as radar and sonar devices, allow us to find fishing shoals where, a few years ago, it was not possible to find them.

I must intervene here and ask the Senator to relate his remarks to the subject matter of the Bill which is concerned with the postponement of elections of boards of conservators.

Before business was suspended I was trying to illustrate the problems which the boards of conservators face and also the problems which have to be faced in drawing up the regulations which the Parliamentary Secretary promised in the course of his Second Stage speech.

Whereas passing reference could be made to subjects which are not a matter for the present Bill they should not be dwelt on at any length.

I shall not dwell on them. When these fishing grounds were discovered the US and the Danish Governments had to do a deal because the grounds were in considerable danger of being fished out and so the Greenland fishermen who traditionally fished the Davis Strait off Greenland, which is the salmon feeding grounds, have been restricted to a fixed limit per year. It may be necessary to impose similar restrictions here at a later date depending on our salmon stocks and this is something with which the new boards of conservators or the officials whom the Parliamentary Secretary appoints in their stead will have to face.

Another problem is that of the limited herring stocks which we have been reading about in the press recently. This, also, is something which will have to be faced and dealt with. It is obviously essential that we conserve our herring stocks and that we ensure, as Senator Deasy has already said, that they are not fished out by vessels from other nations.

Here there is the problem of enforcement. The regulations that are made by our boards of conservators and those made by order of the Parliamentary Secretary have to be enforced. At the moment it is impossible to enforce them with the resources at our disposal. If these regulations which cover off-shore angling and off-shore fishing will be enforced it is not just sufficient to ask the bailiffs, who are servants of the boards of conservators, to go out in boats: they will have to be backed up by our Naval Service. It seems that some more investment in fishery protection vessels would be worthwhile, particularly in view of the very large revenue which we can expect from the fishing industry. If we are to make regulations and if the boards of conservators or their successors are expected to ensure that these regulations are enforced we have to have means of enforcing them and this means more investment in fishery protection, but this is a very worthwhile form of investment.

I have mentioned already that when the bailiffs apprehend somebody in default of the regulations, in other words somebody who is poaching or using methods of catching fish which are either totally illegal or being used at times which are contrary to the regulations, it is essential that there should be stiff penalties imposed but the penalties which are currently imposed are just laughable when one takes the value of the catch into account. Another problem which the board face, and this has been highlighted by the recent judgment in the North concerning coastal waters, is the problem of working jointly with Northern Ireland fisherman and with Northern Ireland boards of conservators to evolve an all-Ireland policy.

It is greatly to our credit and to the credit of the Northern Ireland authorities that there is one successful operation carried out by people on both sides of the Border. This is the Foyle Fisheries Commission which have done very good work. I would urge that this idea be extended and that we should try when we are amending legislation to work this in with the legislation in Northern Ireland and with the system of fishery government and fishery legislation which is current in Northern Ireland. This should be done as a joint operation if possible. The problems which we face are the same as the problems faced by the corresponding bodies in Northern Ireland. It is very encouraging that the Foyle Fisheries Commission which report jointly to the Parliamentary Secretary and to the Northern Ireland Ministry of Fisheries should be so successful in their operation they should be a model for us. I would like to see this extended considerably. I would like to see the whole operation becoming a joint one because there are other inland waters which are shared by the Republic in Northern Ireland. I would like to see an approach in toto dealing with waters which we share with Northern Ireland and extend the whole idea of the Foyle Fisheries' Commission to deal with all the waters that we share. In fact, there is a very good argument for extending it to all Irish coastal waters. Extending means protection, making fines uniform and generally introducing a uniformity right across the board.

Other Senators have talked about the problem of pollution, This falls somewhat outside the Parliamentary Secretary's authority but it is one of the great difficulties that the conservative boards or the conservators face at the moment. Pollution is a problem which is shared by several Government Departments and again I would echo Senator Deasy's call for a more realistic series of penalties as far as industrial pollution or indeed agricultural pollution of our rivers, lakes and seashore are concerned. Anti-pollution legislation should be in effect before we attract new industries to set up here. There is no point in trying to enforce antiquated rules. We should build effective legislation into our system of grants, to our inducements and we should say to potential industrialists too that they would have to obey these anti-pollution regulations should they set up plant here.

Senator Deasy has given an example of an industry producing a good deal of pollution while the fishery conservators would be basically powerless to deal with the problem except in a trivial sort of way. We should be taking a much more realistic and more stern attitude towards industrial development. Of course we should encourage it but there is absolutely no reason why the regulations should not be there in the first place. All industries use considerable quantities of water and there should be very stiff and severe regulations laid down in regard to an industry before it starts production. There should be no grants, no State help of any kind for industry unless it satisfied these minimal requirements to start with. We should not be trying to bolt the door after the horse has gone. We should be ahead of the game. These are just a number of the problems which we face.

I share the Parliamentary Secretary's desire to be as fair as he can in setting up the new system. I realise that the present system has got to be maintained for at least another year. I hope that it will be possible within that period to bring in the new comprehensive legislation which he has talked about to deal with all these problems. I hope that when that time comes this Seanad debate will have some effect on the legislation which will be drawn up to deal with our fisheries; to legislate for them; to set up the local fishery authorities which essentially boards of conservators are. I hope that this debate which has been a useful one will have some impact on the ideas that are being thrown around and discussed when this new legislation is finally brought to us. I hope that we shall have this legislation within the next year.

I regret very much that it is necessary to bring in this Bill, it is a Bill which relates to a very important industry and an industry that is in need of support and attention at the present time. It is a Bill which is based on an Act which has been in existence since 1848. I am one of the people who was keenly interested in knowing when we might have improved or new legislation to deal with inland fisheries.

I watched with interest the Parliamentary Secretary's reply to a Parliamentary Question on the 2nd of May when he stated that he "expected to be in a position to introduce legislation before October". It would appear now that the whole business is in the air. The Government have no policy at all and are allowing the situation to remain static. It is a deplorable state of affairs because the whole fishing industry is at present in a state of chaos. The Bill now introduced by the Parliamentary Secretary asks for provision to extend the election of the board beyond 1975.

Has there been a complete breakdown in the Department or has there been a change in policy since the Minister answered the Parliamentary Question in May? It would appear that there is, and if this is so it is most unfortunate. There are conflicting interests at work. At present there is absolutely no control. I would urge the Parliamentary Secretary to ask his Department to speed up the investigations—if they are making any investigations—rather than leave them until the publication of the Report of Inland Fisheries. The Inland Fisheries are appointed by the Government. Their life is about three years and they may have another year to run. If the Government are consistent they should not reappoint the people who are currently serving on the Inland Fisheries board. It is therefore inconsistent to wait for a year or perhaps two before publication of the report from a board whose term of office will end before that. I do not see the point of extending the time for waiting on the report. This board will be reconstituted and I expect that their members will change. This spells uncertainty for the many people who are keenly interested in seeing new regulations emerging. It only highlights the lack of Government policy in this particular field. Fishing is one of our basic industries: the others are farming and tourism. These are accepted by most people who are involved or interested in national development. In the fishing industry we see the odd announcement and a little publicity but this Bill which lays down the necessity to extend the period for electing these conservators would indicate that the Government are not seriously tackling the problem or the interest of the fishing industry.

When the new regulations have been made—if they are based on the Inland Fisheries Report—I hope the Government will have recommendations to make. It is most important to have policies other than those made by a commission, and I would ask the Parliamentary Secretary to give very careful consideration to the people who are elected as conservators. We have a very special knowledge at first hand, in County Donegal. Senator West commended the joint co-operation between North and South in the administration of Foyle fisheries. As one who comes from a location very close to those fisheries, I could hardly share Senator West's admiration for the way in which the Foyle Fisheries are run. All too often in speeches in both Houses have we expressed our admiration for the co-operation between North and South and fisheries is one of the headings under which we feel very proud of having joint co-operation.

However, these are sometimes expressed by people who know very little about what they are talking of: they are far removed from the scene and it is only in theory that they express their admiration for the situation. I could do the same thing. The theory is great, but in practice it does not work. I would hope that our board of conservators would not be constituted in the same way as are the Foyle Fisheries Commission, because, as is the case with the Foyle Fisheries Commission, our board could be comprised of people with self interests in fishing.

On a point of information, I made this point earlier on and I defer to Senator McGowan's knowledge of this specific case, but it was the principle I was speaking of rather than the actual case.

I accept that. Last October the Foyle Fisheries Commission elected Major M. La T. McCausland of Ballina, County Mayo, help administer the Foyle fisheries. They also elected Mr. T. S. Mackey of Glenmore Farm, Welshtown, Lifford. He is a big businessman in Belfast and has a summer home in Donegal, attached to which is a very big stretch of fisheries. That qualifies him to serve on the Foyle Fisheries Commission. Then there is also Commander R. P. Martin from London, and another gentleman, Mr. R. Patton of Monaghan. Mr. Patton bought a holding in Donegal about three years ago. Indeed, he was only months in Donegal when he qualified in the same way: he had a stretch of fishing rights that qualified him to become a member of the Foyle Fisheries Commission. I do not know how these people qualify. I would try to be fair and to stretch the imagination as far as possible. Certainly, this type of board—constituted as it is—is utterly and totally unacceptable to the local people and they are the people on the side of the Foyle in County Donegal, and on the side of the Foyle in County Derry. Many of the members are recent imports, some with military titles, which makes them all the more suspect and less acceptable. We have a lot of poaching. I would say that the biggest cause of poaching is the type of board constituted here. There is no flavour of bigotry attached to this. Everyone on both sides of the House will accept that this is a very unpalatable board for the poor people who are close at hand and interested in fishing and in preserving the fishing stocks. I give this example because far too often this goes unnoticed. The board of conservators are composed of people from the same stock and who will have interests similar to those of the people who form the Foyle Fisheries Commission.

I hope that the Government will look at the need for a proper type of board of conservators here and that they will appoint them in consultation with people who are actively involved in the fishing industry. I hope that they will not accept the recommendations of those who have been planted or who have inherited private fisheries. Let all this come to an end and the genuine people who are actively involved in the fishing industry will make a useful contribution and their contribution will be seen to be represented on the new boards of conservators.

I hope the Government will make special provision for those living on islands. I am thinking in particular of people on the offshore islands of Donegal. Every man who lives on an island, if he is not already a fisherman should be a fisherman. If he applies for a licence to fish he should be automatically granted that licence to fish.

Unless he is a visitor from outside the area.

I said every man who is an islander and who applies for a licence to fish should be granted a licence. If we go there as visitors we will find it difficult to understand how those people could earn a living if they do not fish. I hope the Parliamentary Secretary will accept that the people who live on islands have a special case and that special provision should be made for them. They should not be classified in a general way.

I would also hope that when the boards of conservators are being elected the Government will introduce completely new regulations to govern inland fisheries, particular salmon fisheries. I hope the Government will provide some money to help the boards of conservators because at present there is a real problem. I watched net salmon fishing not too long ago and it was a very sad sight to see a net which had 18 salmon in it and there were only 16 heads of salmon left and two salmon. They had been eaten by seals. I have not noticed any Government interest in preserving fish from attack by seals.

There is a bounty.

I hope new assistance will be given to fishermen and to those administering the fishery laws to eradicate seals as far as possible. I believe the fishing industry is being run by the Department of Agriculture as a kind of side-line. This is not good enough. The fishing industry is of tremendous importance to the nation and I look forward to the day when we will have a Department of Fisheries and a Minister for Fisheries and proper finance provided for the industry. It should not be run as a wing of the Department of Agriculture. It is necessary to have a Department of Fisheries standing on its own feet and properly financed so that it can regulate all aspects of the fishing industry. I do not believe that the delay the Parliamentary Secretary has requested here will help to restore confidence in those earning a living by fishing. I certainly hope that the Parliamentary Secretary will assure this House and those people who are urgently waiting on some Government action that it will not be necessary for him to ask for a further postponement. This throws uncertainty on the industry and would not lead to the best co-operation from those from whom the Minister would need to get it. The longer the uncertainty is allowed to prevail the more difficult it will be to establish any kind of control over the industry.

I deplore the necessity to postpone elections, but if the outcome is satisfactory maybe it will be worthwhile. I hope we are not depending entirely on the Inland Fisheries Trust Report and that the Department will have something constructive to contribute to the setting up of the new boards of conservators.

First of all I should like to thank Senators for their expressions of welcome for this measure. As I have indicated, it is a short Bill to prolong the period of office of the existing boards of conservators but I can assure the House that we do not expect to carry these boards beyond the further 12 months. It has been suggested that if in 12 months time we are not ready with the legislation it could be extended again. That is so, but I do not think it is likely to happen.

I was very pleased to hear the constructive nature of the statements made by the different Senators. They were rather wide-ranging having regard to the limited nature of the Bill. Senator McGowan, Senator Dolan and Senator Deasy mentioned that there is not a Ministry for Fisheries in this country and that the Government were playing down this important industry. I want to emphasise that it is an important industry and that the Government are in no way playing it down. The position is, as far as a special Ministry of Fisheries are concerned, that the Government have to take cognisance of the constitutional requirements which lays down that we cannot have more than 15 Ministers of State. Naturally, it is mandatory on the Government to join together some Departments. That was the position with past Governments and that is the position today. It is not a matter of choice. It is compulsory, to measure up to constitutional requirements. In this case Agriculture and Fisheries are joined together for the purpose of measuring up to the constitutional requirements. As everybody knows the Minister for Agriculture and Fisheries is an exceptionally busy man at the present time and, naturally, the Government delegated powers and functions so far as Fisheries are concerned to me as Parliamentary Secretary for the time being.

This in no way plays down the importance of the Fisheries Division. I want to re-emphasise that. My job and my duty is to formulate policies that will be beneficial to the advancement of our fisheries and having formulated them to bring them to the notice of the Government—I have no inhibitions as far as that is concerned—and to try to get them enacted in both Houses of the Oireachtas to become the law of the land. The fact that I am only a Parliamentary Secretary in no way inhibits me from doing that job, nor does it inhibit anyone else who might be in my place. We have the same rights of assimilating information, getting it from whatever sources we can. First of all, I am getting it from the fishermen, the men who have the knowledge of their work, and from the grassroots—that term is used very much of late—through various meetings I have had with them. I am getting information also from the Department's advisors and collecting scientific information which is particularly relevant at the present time.

As well as all that information I get the views and opinions of the Members of both Houses of the Oireachtas. I am a firm believer in the right of the elected representatives to express views because I have got very sound views on this question from Members of this House. Nobody should have a greater right than the elected representatives to express views because they represent the views of the people.

I hope I have covered that question in so far as the status of the Department is concerned. I can say on behalf of the Government, and I am sure the Members on the other side can speak on behalf of the last Government during whose period a similar position obtained when, with the exception of the Foyle Fisheries, the Fisheries Division were controlled by a Parliamentary Secretary, that it was not because the Governments acknowledged that fisheries in an island country were an exceptionally important industry but by virtue of the constitutional requirements. I say without fear of contradiction that there is nothing inferior, so far as this post is concerned, with the possible exception of the salary attached to it——

We were only trying to upgrade you. We would prefer if you were a Minister rather than a Parliamentary Secretary.

I occupied the same chair. We agree.

Senator McGowan mentioned the Foyle Fisheries Commission. That is part of our fisheries which does not come within my jurisdiction. He mentioned the advisory council attached to the Commission. That is only an advisory council elected in a somewhat similar way to that applying to boards of conservators. The commission are composed of four members, two appointed by the Dublin Minister and two by the Belfast Minister. The real power so far as the commission are concerned rests with the four nominated members of this Government and that of the North Eastern part of the country. Even though this measure does not cover the Foyle Fisheries Commission and their advisory council, I am sure a change will be made there too by the appropriate authority.

Everybody welcomes the fact that it is time to change this legislation. The system of selection of members of boards is completely outdated. That is only natural, seeing that it was first introduced in 1848, 126 years ago. I am surprised that our predecessors did not think of changing this legislation, that they allowed a kind of system to continue whereby one man, by virtue of his fishery valuation, was deemed to be an ex officio member of a board of conservators, with all the rights of membership; whereby another man, by virtue of some other privileges he held, such as valuation of a certain kind, had four votes; whereby another man, by virtue of some other kind of qualification, had two votes; and finally, the ordinary man had one vote.

It is time to end that type of plurality of voting. Everybody agrees on that. When I answered questions some months ago in the Dáil I said I intended to introduce legislation to cover the system so far as the ensuing elections, which were due in October 1974, were concerned. However, I decided otherwise. As I indicated in my opening statement, I decided to wait on the report of the commission and other reports which I hope will also be available. The reports come mainly from fishermen around the coasts and assessments being made, which is a continuous process, by officers of the Department. When the time comes, within the next 12 months, we will be able to draw up a comprehensive Fisheries Bill. Everybody agrees that times have changed a great deal since 1959. Legislation which might have been quite suitable in 1959 would not be suitable 15 years later. You must change in order to meet changing circumstances. That is what I propose to do.

Senator Dolan commenced by saying that the methods contained in the 1959 measure for election were antiquated. I have dealt with that matter. He commented on another feature. He called it "the awareness of acquiring private fisheries". "Acquiring" was a most appropriate term to use. Senator Deasy in a later statement mentioned nationalising our fisheries. I would not accept that proposal. I stated in the Dáil and I repeat here that it is feasible for the State to acquire any of our fisheries which are available on a compensatory basis. I am satisfied that it is possible to do so to some extent by consent. This would be a long-term policy. It is nothing new. Some Senator mentioned an organisation which were preaching this kind of policy. The records of this House will indicate that when I became a Member more than 20 years ago I mentioned during debates on Fisheries' Estimates that I thought it would be a good idea on the part of the State to acquire private fisheries on a compensatory basis. There is nothing wrong with that idea. I dealt with this matter in detail in the Dáil and I do not think it necessary to go into the same detail here. As far as I am concerned this is a matter for consent so far as possible. Without a beginning there is no end. Our rivers, lakes and inland fisheriee should be in the possession of ths people of Ireland. The records of this House will prove my statement. Senator Dolan expressed similar sentiments. It is not a question of catching any fellow and doing him out of something his family possessed for years. It is a question of trying to get back for the people by payment of compensation, property which was taken from them by some means years ago.

That minimises the difficulties of setting up a board to devise a system for paying compensation. It is difficult. You cannot do the fair-day business on it. It is not an unsurmountable problem. It is something we ought to be thinking about. I stated in the Dáil that there is nothing political in this. It is not a party matter. It could be arranged by a joint committee of members of all parties to achieve this objective in a friendly atmosphere. This will not happen overnight. I wish to emphasise that.

I may not be taking proposals in proper sequence. I see here a note on pollution. I cannot over-emphasise the importance of addressing ourselves to this question. Senator West and Senator Deasy referred to it in detail. We all know that harmful effects can accrue to our fisheries from pollution. We have an obligation as members of the central authorities in Dublin to devise ways and means of combatting pollution, and to impose penalties on those who are responsible, particularly those who conflict with our laws regarding pollution in a defiant manner.

We have taken steps and today we are interviewing applicants for posts as what we will term "pollution officers"—I do not know what the official title is. We intend to appoint six of those officers and to move them out among the 17 boards of conservators. There is a great deal of work to be done by them. Six may be too few but it is a beginning and judging from our experience and the information which will be forthcoming to the various boards, and through the boards to the Department, we will, if necessary, extend that number. We should tackle the pollution question without delay. It is easier to nip it in the bud before it grows. I am pleased to note that planning authorities will scrutinise our planning applications where there is a likelihood of pollution arising.

That is what has to be done.

Yes, they will scrutinise them closely; there will be no let-up. They will ensure that conditions, where approval is granted, are imposed on the applicants to ensure that pollution will be reduced to a minimum or obliterated completely. I will be pleased to report later on the work of the officers.

It is the enforcement authority that is important.

The enforcement authority will be the boards for the time being. Anyone who, in the opinion of the officers, conflicts with the regulations and is guilty of offences in their opinion, can be brought before the courts and punished if the courts so decide.

The democratically elected local authorities are the people.

It is no harm for the Department of Fisheries to deal with pollution, to some extent. Many people will claim there is too much overlapping—that the Department of Local Government look after this. We have had circulars from the Department of Local Government regarding preventive measures in regard to pollution. Our inland fisheries are important in many ways. Senator Dolan stated the advantages of inland fisheries for the pleasure of our own people, to attract tourists and also to provide a livelihood for other sections of our community. For whatever reason, there is an obligation on the Department of Fisheries to get personnel out in the field in this connection.

Senator Deasy asked a six-marker which I should like to be able to answer. I am trying to find a solution for this. It is difficult to find the answer to the habits and manner in which salmon travel. There was an aside from Senator M.J. O'Higgins that salmon do not travel, they swim. That is too simple an answer. I assure the House this is taking up our attention. There are different schools of thought. Some people say if we let the salmon go from our shores in Cork, Mayo or Donegal they may go as far as Greenland or——

Is there any information in the Guinness Book of Records?

We have some information. Our scientific friends are conservative in their views on this, but there is research going on in this field all the time. It would not be of great value in making an assessment. To make an assessment on this question is of the utmost importance. There are many different schools of thought. One expert will tell you this happens, another will tell you a different thing happens and possibly the people in the Department will have a different version.

To many fishermen conservation is a nasty term; others are in love with it. People who are advocating a much more liberal approach as far as the issue of salmon licences are concerned have played down the need for conservation. All the information available to us indicates that there is a need for conservation. Much as fishermen like talking about it there is still need for it. Where do we draw the line?

The salmon licence question has given rise to a great deal of controversy during the past few years. It is a major problem because nobody likes to deprive people of their livelihood. That is true of any Government in the past or in the future. We must take note of recommendations made to us. Opinions are very varied.

I have had a most constructive meeting with all types of fishermen. Opinions varied from one extreme to the other. The same position obtained when this was discussed in Dáil Éireann, a few nights ago. It was not a party question. Some Deputies were on the extreme conservative side as far as the licences and the law governing the issue of licences is concerned: others were more liberal. Why should we deprive people, particularly those who were connected with fishing down through the years, of licences.

In drawing up these regulations for which I am responsible in 1973 and 1974, cognisance was taken of all the views expressed, regardless of source. Regard was had to the position of our fishermen who by virtue of regulations and stipulations embodied in the orders, would be deprived of licences or would not qualify. Very few people who held licences down through the years were actually deprived of them. It is those who are claiming that they were fishing all their lives but did not engage in salmon fishing in past years who are most affected. As Senator Deasy mentioned, I drew up more liberal regulations than the ones obtaining under the Fianna Fáil regime. Such regulations were justified.

The regulations of 1973 did not measure up to the requirements. By virtue of the stipulations, the boards could not grant licences to many people who claimed to have a very sound and good case for the award of one. We had to impose restrictions which were again imposed in the 1974 Act where I stipulated that the number of licences to be issued by any board for the 1974 season could not exceed the number issued in the 1973 season. All the information available to me was that it was necessary and essential to do that. I am well aware that many deserving applicants, some in my own area, who were fishing for fish other than salmon down through the years, would not qualify. There was nothing we could do. Anyone who lives on the coast knows that fishermen fish for whatever type of fish will make money.

Our local estimates told us that if we were to accept the representations made by the liberal group the number of licences could jump to 35,000. That is not an inflated figure. It was reasonable to assume that any man who was associated even remotely with fishing would be making application. How were we to separate the chaff from the oats. We could not broaden the scope of the regulations sufficiently to warrant granting licences to all such people. We had to resort to the position whereby an order was made for one season only. I know there is a great deal of opposition to that. I have had letters from people and representations from those who hold licences now, who are afraid that if they invest money in the purchase of costly gear and equipment, next year's order may preclude them from coniinuing to hold the licence. That is difficult. In the present situation we can only legislate from year to year. If the sun shines and there are extra salmon in the rivers we may be able to be somewhat more liberal in the 1975 order. If the information is that we are too liberal at present the opposite may be the case. I am grateful to the chair for allowing me to explain this matter in more detail than the terms of the Bill warrant.

Senator Deasy mentioned that the Blackwater fishermen are penalised on Mondays. I do not know whether they are or not. Because they were anxious about fishing on Mondays we were taking some time off them on Fridays. They wanted extra time on Mondays but were not prepared to forfeit it on Fridays. We have to impose restrictions.

They got seven hours and lost 12.

I was prepared to allow Monday but some of these people wanted jam on both sides of their bread. I was not able to comply with their wishes.

Senator Deasy made another point which I think is generally acceptable in regard to the limiting of nets both in length and depth. I do not think it is necessary to go into this in any further detail, other than to say that it is something that we will be looking at possibly more closely than we are at present because the long nets that some people hold possibly give them an unfair advantage.

I shall refer briefly to another item that was mentioned by two or three speakers, the question of protection of fisheries. Senator Deasy and Senator West particularly thought that the present system is not good. that it is not workable and that those engaged to protect our fisheries, the waterkeepers throughout the country are on a very low rung of the ladder as regards status and pay. We could agree with that. I appreciate the difficulties of waterkeepers. They have exceptionally difficult jobs and their pay is small. It is a matter to which I have given a great deal of attention but it must remain over for this comprehensive measure.

I think that it is no harm to express a view, that the whole system of protection must be restructured.

Senators

Hear, hear.

I do not think that is is fair to appoint a local man and ask him to protect the fisheries in his own immediate locality. It is imposing on him a difficult job. One can visualise the position of a waterkeeper appointed to supervise the waters in his immediate locality, going out to do his job honestly and conscientiously and finding perhaps a close friend or a neighbour in conflict with our laws and the difficulty that arises for him: will he do his job or will he not? If he does his job, as many of them do, I have no doubt, and try to uphold our laws and bring people engaged in illegal fishing to justice it is not too easy in Ireland.

Senator West, in the course of discussing waterkeepers referred to members of the Garda Síochána who can do jobs such as bringing people who are in conflict with our laws before the courts without any backlash. The lesson from that is quite obvious: a waterkeeper cannot be appointed to supervise a river in his immediate locality. We do not appoint members of the Garda Síochána to supervise the law in their own immediate neighbourhood. We appoint a man from Cork to look after the people from Kerry or Limerick or Mayo. We must think on this question and possibly do the same thing as far as waterkeepers are concerned. We must restructure the system and have a completely different system of appointment We must make the salaries and allowances for the post much more attractive, as is essential if we want to appoint outside people. In that way we can have a system whereby a waterkeeper or warden can bring a person who is in conflict with our fishery laws before the courts and do so in the same way as a member of the Garda Síochána does in up-holding laws in other fields of activity. That will remove the local feeling of catching a friend or neighbour. I would like to have views from any Members of the House who may wish to offer them either verbally or in writing on this question. I agree entirely with the sentiments expressed by the Senators here that we must eliminate illegal fishing.

If we allow people to fish illegally then we are not doing justice to our fisheries. We are trying to be as liberal as possible and to give all our citizens equal rights at fishing but we will not give our citizens unequal rights by virtue of poaching or fishing in the manner described by Senator Deasy who spoke about illegal fishing taking place in the closing months of the year, September, October and November. It is my intention to try to eliminate illegal fishing as much as possible. It is not for us to dictate to the courts the penalties that should be imposed but perhaps there is a question, in view of the dwindling value of money that our fines should be reviewed because a £10 fine was severe 30 years ago but now it would not be deemed to be too great to risk.

If I overlooked any points I shall be only too glad to take them into account when I will be reading the Official Report of this debate in the House. I want to say that it is my expressed view that it will not be necessary to bring in this additional section which gives the Minister the right to extend this measure. I am hopeful that within 12 months we will be able to draw up a comprehensive Bill for the consideration of both Houses of the Oireachtas. Again I wish to thank the Senators for the views they expressed which I regard, from all sides of the House, as being very constructive.

Question put and agreed to.
Agreed to take remaining Stages today.
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