asked the Minister for Fisheries if he will state when it is proposed to take proceedings against trawlers found illegally fishing off the coast.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - ILLEGAL FISHING OFF IRISH COAST.
asked the Minister for Fisheries if he will state if a trawler, S.S. Urie F.D., No. 163, was found illegally fishing in the prohibited area off the North Tirconaill coastline; whether such matter was reported to his Department in September last; if it is intended to institute a prosecution on this and similar reports from same area, and whether he will state the cause of delay in bringing these cases before the Court.
These two questions hang together, the only difference being that one is a general question and the other refers to a particular case. I, therefore, propose to answer them both together.
The steam trawler Urie F.D., 163, was reported by local fishermen to have been fishing illegally in the vicinity of the North Tirconaill coast on Tuesday, 10th July last.
A prima facie case having been established, the papers were sent to the Chief State Solicitor on the 19th Aug. with a view to a prosecution.
So far as I am concerned, the same action will be taken on similar reports from any area, provided that the evidence forthcoming is sufficient to give a reasonable expectation of securing a conviction.
I am given to understand that the delay in bringing the case of the Urie and other similar cases before the Court is due to the fact that certain legal questions arising out of the Constitution of Saorstát Eireann have not yet been settled.
Arising out of that answer, I would like to ask is the Minister aware that unless cases of this kind are brought speedily, they are no deterrent, and in view of the fact that he stated more than two months ago that a number of cases of this kind were pending, will be try to expedite matters?
I am quite aware of the fact that it is futile unless they are brought before the courts. I have done everything in my power to urge on the Attorney-General in the matter.
Can the Minister tell us what is the obstacle against the Attorney-General carrying out the Minister's wishes as the Minister appointed by the Dáil?
The Attorney-General has informed me, as I have stated at the end of my reply, that there are certain legal questions arising under the Constitution that have not yet been settled, and these are preventatives.
Is the Minister prepared to state what these difficulties are?
No, sir.
In view of the dissatisfaction that prevails in regard to this matter, will the Minister undertake to expedite the subject that has been raised by Deputy Cooper?
The Minister has answered that question already.
If legislation is needed, will the Minister bring it in, failing action by the Attorney-General?
If legislation is needed, yes.
Is the Minister aware that the Fishery Laws are being infringed in every part of Ireland?
Are we to infer from the Minister's answer that while the Attorney-General considers this Constitutional difficulty remains, that no cases of this kind can be brought in Northern waters?
I would like to ask the advice of the Attorney-General before answering that question.