Seanad Éireann debate -
Thursday, 1 Jul 1976

Vol. 84 No. 9

Fisheries (Amendment) Bill, 1976: Committee and Final Stages.

Section 1 agreed to.

SECTION 2.

Question proposed: "That section 2 stand part of the Bill."

Mr. Deasy

I have advocated allowing more drift-net licences around the coast but my case is weakened considerably by the type of activities mentioned this morning by Senator West. He quoted extracts from last Saturday's edition of The Cork Examiner. Through the Parliamentary Secretary has mentioned it in his reply to the Second Stage debate, he has not given us any assurances that something is going to be done about the situation that exists. I wonder if the Fisheries Act of 1959 is deficient or are the powers of the boards of conservators too limited to deal with the problem that exists. It is a type of activity which is going on in the west Cork area at present in the No. 5 area. If that type of activity is not stopped or curtailed drastically, the whole future of our salmon industry will be in jeopardy.

For years I have been reading reports of gangs of armed poachers around the River Moy in County Mayo, which seems to be an excellent salmon river. More recently I have heard of gangs of armed poachers in various rivers in Donegal who have intimidated and ignored the waterkeepers. This activity has spread to the No. 5 District in Cork and it could well spread throughout the country. If it does, there must be grave doubts about the future of our salmon industry which is, as the Parliamentary Secretary said, worth more than £3 million to the economy and is increasing every year.

Inspector Good of the No. 5 District of the Cork Board has stated that they need help from the Navy, the Garda and the Army to combat what is going on at present. He says if a bailiff or waterkeeper tackles these poachers he is likely to be attacked by 30 poachers brandishing knives and oars and anything they can lay their hands on. Obviously there is no law in this area at present. Is there a deficiency in the Act of 1959? What can be done to give the boards of conservators power to deal with the situation? Is there impending legislation which will improve the position? It is obvious that poaching in these areas has gone beyond all reason. Unfortunately, poachers do not confine themselves to the legal season. They poach at all times. If they continue like this through the autumn, spawning fish will be wiped out in large numbers.

The Parliamentary Secretary should tell us what is being done and what can be done. If the laws are not sufficient, what is the Minister going to do about it? The laws probably are sufficient but the boards of conservators are probably not sufficiently financed and have not the manpower to deal with the situation. Do they need to be armed? It would seem so from the report in last Saturday's Cork Examiner. The courts appear to be treating the matter far too leniently. Poaching seems to be just another national pastime in the eyes of many district justices in this country. That is not good enough. I appeal to the Minister to wipe out this blatant poaching. Poachers are using monofilm nets which are invisible to fish and which are bound to deplete our stocks——

An Leas-Chathaoirleach

The Senator's remarks are of a very general nature. Section 2 deals with the postponement of the election of certain conservators. It might be better if the Senator made his general comments on Report Stage.

Mr. Deasy

Yes, I will. I am alarmed by the flouting of the law and I should like the Parliamentary Secretary to tell me what can be done. It is going on a long time and perhaps the Parliamentary Secretary could give us some promise of having it stopped.

Mr. M.P. Murphy

I have had reports from the administrator of the Cork Board. The reports were, undoubtedly, most disturbing. He indicated that there were people engaged in illegal fishing and that it was exceptionally difficult to apprehend them because of their aggressiveness. I can assure you, as I did earlier, that such people will get no sympathy from the Department. I have asked the administrator to ensure that such people will be brought before the courts. The report mentioned the difficulties of summonsing such people because of the absence of a summons server in the district. Apparently, there is a legal conflict as to whether summonses can be issued by other means, such as registered post. The legal position is being considered by the Department's legal adviser. That people are let off the hook on such a technicality creates a doubt about the manner in which a summons should be served. I am sure that our laws are not so ridiculous as to allow anyone off the hook, so to speak, since we are talking about fish, on that kind of technicality. I do not know whether we have that power. I think we have. However, we are getting legal advice and I am hopeful that it will deter those engaged in illegal fishing.

A more punitive system than our present one would be helpful. If a man is brought before the court for a serious breach of the road traffic regulations, such as dangerous or drunken driving. he will lose his licence. If a fisherman is brought before the court and is found guilty, I see no reason why he should not lose his licence. I can assure Senators that all reports, whether from Cork, Waterford, or any other county, regarding illegal fishing are getting the closest attention possible from the Department. There is a great deal of illegal fishing throughout this country and we want it stopped as quickly as possible.

Question put and agreed to.

Sections 3 to 5, inclusive, agreed to.

Title agreed to.

Bill received for final consideration and passed.