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Dáil Éireann díospóireacht -
Wednesday, 18 Jun 1930

Vol. 35 No. 10

In Committee on Finance. - The Fishing Industry.

I desire to call the attention of the House before this prolonged adjournment takes place to the unsatisfactory condition of the Free State fishing industry. This time last year, when the House was also about to adjourn for the Summer Recess, the Minister for Fisheries told us that he had in preparation a scheme for setting up a sea fisheries association and that steps were being taken to implement that association legislatively. We discovered, however, when the Estimates came up for discussion about three months ago, that the sea fisheries organisation had not materialised. It was pointed out that the amount of money which was granted for fishery development, particularly in the case of sea fisheries, was quite inadequate, even for the restricted service which the Fishery Department is now giving. The amount of money granted last April, when the Vote was passed here was only £9,800, of which only £5,000 was for sea fisheries.

The total amount allocated for the purposes of developing and establishing the sea-fishing industry during the coming financial year is £5,000. Last year it was £13,500. There has been a steady decline, as Deputies of all Parties know, in the expenditure made available for this purpose. In 1925-26 the amount made available was £39,000; in 1929-30 it was £18,000, while this year it is less than £10,000, of which only half goes for sea-fisheries. It is obvious, therefore, that no steps have been taken to set up a proper organisation in connection with the fishing industry. I have already called the attention of the House on previous occasions to the fact that the proposals, which the Minister for Fisheries told us twelve months ago he had in hand and which he proposed to bring before the Dáil at an early date, are substantially those recommended by the old Dáil Commission of Inquiry about 1920 or 1921. Nine or ten years have elapsed since then, but nothing has been done.

I do not want to go over the whole ground again and repeat all the things that could be and have been said about the Fisheries Department. I would say that it is probably a mistake to be too sympathetic with that Department. If we are to blame in any way, it is that we have been, if anything, too lenient with the Minister. He informed us a few months ago that within a week the rules of the association would be laid on the Table of the House. I raised the question again a fortnight ago in the hope that some proposal would be forthcoming before the Recess. We are now about to adjourn for four months but there is no mention in the Appropriation Bill which we have just passed of the grant-in-aid which would be necessary to allocate to the sea fisheries association if it took shape in order to enable it to take up its work. Probably this time next year we will again be in the position in which we were this time twelve months, engaged in discussing what could and should be done for the organisation of Irish fisheries. There are other matters as well as the organisation of the industry which the Minister promised the House time and again to attend to, but nothing has been done. The Irish Press is full day after day with reports of raids by foreign trawlers coming into Irish waters. The Minister apparently does not know where he stands in regard to territorial waters or how he can provide efficient protection for our fishermen.

All parties have for years impressed on the Minister the importance of improving that protection by increasing the number of cruisers and by providing a number of motor boats, but we have had no indication that that matter has been seriously considered. The Minister is now in the position, as he said when the Estimate was going through, that he shares responsibility with the other Ministers and he is no longer in the position of saying "Blame the Minister for Finance. He will not give me more money.""I have," he said, "as much control over the Minister for Finance as the Minister for Finance has over me." The Minister has a duty to this House and to the Country. Deputies of all Parties have not spared themselves in dinning into his ears the necessity of providing protection for Irish fishing boats.

The other matter to which I want to refer is the question of territorial limits. The position in regard to dealing with British trawlers is apparently worse than it was under the British regime. At that time there were certain bye-laws which permitted Government Departments to take action against British trawlers, even outside the three-mile limit in certain restricted areas around our coast. In 1927 the Minister stated here that these bye-laws were practically useless, that the British Government paid no attention to them. Later on it transpired, in connection with the Waterford case, that the French also pay no attention to these bye-laws, or to our agreements or whatever international law defines the territorial limits of the Free State, because we have French boats coming across to protect us against their own fishermen. In this important matter the Minister promised the House again and again that action would be taken. Three months ago he told us that there was an international conference sitting on the question, and that some good might be expected from it. There has, however, been absolute silence on the question ever since. It would be interesting to know from the Minister exactly how much money has been collected in fines as a result of the work of the "Muirchu." It would be interesting to know, but I venture to say that the Minister is not in a position to be able to show, that that vessel is effective, not in raiding and arresting foreign crews, a work which it is doing to the best of its ability, but in seeing that summary fines are imposed on poachers such as would make them desist from their work. It is useless having a vessel trying to guard our fisheries unless we have a law which will enable us, when these people are captured, to have severe fines inflicted and, if necessary, to confiscate their nets.

There is also the question of Lough Foyle. This matter, like that of the territorial waters of the Free State, raises the question as to where exactly the Free State fishery bye-laws run in regard to territorial waters. This question is not merely one of sea fisheries but also of inland fisheries. The Minister for Industry and Commerce has attempted to quench discussion upon it by telling us that, even if Lough Foyle were adjudged to be wholly within Free State territory and that we had complete jurisdiction over it, there would be no justification for the present state of affairs. He has practically apologised and excused himself over the action of the fishermen, who are simply trying to hold what they are entitled to, to hold the ordinary rights which they have had to fish in these waters from time immemorial. The Minister put aside the question which was put up to him very strongly from these benches concerning people from the Six Counties coming and taking action by force against Free State nationals. He said that that question did not arise, and he gave the House to understand that he is prepared to accept that if the Foyle and Bann Fishing Company is prepared to originate an action in our courts. He also says that there is a several fishery there. On the 21st May, on the adjournment debate here, the Minister stated:

"We hold that there is a prima facie case established by long usage over many years in favour of the Irish Society and their lessees, the Foyle and Bann Fishery Company, but that that presumption is fast disappearing. There was a presumption, but that is fast disappearing, owing to the unaccountable reluctance of the Irish Society or their lessees to come into our courts, and if that continues much longer the presumption will have disappeared."

This time last year we were told that the matter was to have attention, and that the Government were taking action. Last March and April the Minister told us that negotiations were proceeding, that the matter was having the attention of the two Governments, but on the 21st May he comes along and tells us that it is a matter entirely for the courts, although he admits that neither he nor anyone else can induce the people from the Six Counties to come in and acknowledge the Free State Courts. In spite of that, he states that the question of territorial waters does not arise, and that, in fact, these people have a presumptive title to this several fishery although they refuse to come before the Free State Courts to prove their title. Finally, he stated that if the Foyle and Bann Company continued to ignore us, some day the worm will turn. How long will the present state of affairs continue? The "Irish Independent" on last Saturday told us that the disputed waters of the Lough would not be worked until the last week in June, and that by then matters must reach a crisis. It stated that the two boats which last year patrolled the Lough, and which got into trouble, have since been reduced to one, that it is almost impossible for the Company to find a crew for it, and that even if the crew is found, it will only be able to carry on its work of surveillance under a Civic Guard escort.

I have no knowledge of the position on the spot, but Donegal Deputies tell me that before a crisis occurs, and trouble breaks out, the Government should force these people to come into the Courts. They should not take up the attitude of waiting for the Foyle and Bann fishery people to come in, and of saying that if they proved their case they would stand behind them. Why would not the Government do in this instance as they did in the case of Lough Erne? Why not take the bull by the horns and say: "The question of your having a several fishery is a question which can only be held by our Courts, and we, as a Government, responsible for those waters and for seeing that our citizens get fair play by being allowed to fish there, will take the initiative, and take you into the Courts." If it is a matter for the Courts, and if negotiations have failed between the Governments, then let the Government show the local people that, even as regards the Courts, they are not going to allow a situation to be created in which the fishermen's rights will go by default. The fishermen, if the question goes into the Courts, will not be able to stand the cost, so that the Government should actively intervene in the matter.

There is another matter in connection with fisheries to which careful attention must be given, namely the question of poaching by French trawlers off the southern coast. The men at Dunmore tell me that the French boats have practically destroyed the spawning beds off the Saltee Islands. Lately our patrol boat seized their nets but the Frenchmen tried to get them back again. If that is allowed to continue a serious state of affairs will arise. While the attention of our patrol boat is devoted to patrolling that portion of the coast the other portions are left undefended. The Dunmore men say that the Frenchmen are making a haven off Dunmore. They put in there at night and a considerable number of the boats go out raiding the coast in the day time. I believe the French Government sent some gun-boats of their own across some time ago. I do not know what the facts of the case were but it was understood that they sent some boats across to investigate the matter. When they left the coast, the raiders commenced again. If this sort of thing continues, the attention of the patrol boat will have to be devoted entirely to Dunmore. If the Frenchmen make up their minds to attack again, you will have regular naval warfare there. It would be well if representations were made to the French Government to endeavour to prevent their fishermen poaching in our waters. If it continues, we will be up against a very serious situation.

I think the Dáil should realise in connection with this question that it is not merely the improvement of the fishing industry that is at stake but the very existence of the industry. If the present decline continues, if the present emigration of young fishermen continues, there will be no fishing industry left in a very short time. I think the Minister will not deny that in Arklow, for instance, which has been so long the chief fishing centre, there are practically no young men left in the industry. Everybody knows that a fisherman cannot be produced in a year or two. If the tradition is lost, it is very hard to get the material necessary to man the fishing vessels afterwards. The Minister himself has admitted on several occasions that there are vast possibilities in this industry. Speaking here in June, 1926, he made this remark:

We have been told from the platform and the Press of the fortunes that have been taken from the sea around our coast by foreigners coming along. I believe that is so, because otherwise they would not come.

On that occasion, at least, the Minister was convinced that there were fortunes in the fishing industry. In the same speech, he went on to say:

One of the most encouraging things about the herring fishery of last year was that in the case of the Downings Bay herring fishery, the fish were sold in the German market for 128/- per barrel, while herrings cured at the same time in Scotland were sold at 68/-, a difference of £3 per barrel. Our herring is getting a name in the European market. The Howth and Dunmore herrings last year were of such superior quality that every available curing place in these ports has been booked up by Irish and Scottish curers for the present year. Already there are very heavy catches reported in Dunmore, with record prices to the fishermen, prices that, I think, were never heard of before—over 80/- per cran.

On the philosophy of the Minister for Agriculture, that we ought to go in for producing things in which we can excel, for producing goods for which we can get a better price than any competitor, there ought to have been a concentration on the herring fisheries, following that statement of the Minister for Fisheries. Yet we know that no action whatever has been taken for the development of the fishing industry. In that connection, the following reference is made in the last Report of the Department of Fisheries in regard to loans issued to fishermen:

The position of these large loans and the accumulation of heavy arrears has become one of the most serious problems confronting the Department of Fisheries, which is consulting with the Department of Finance in order to find a way out. The position of hopeless indebtedness under which many of our fishermen are labouring does not create a position favourable to the rapid development of the industry.

That Report was made early in 1927, and to-day the position remains the same with regard to these loans. The Minister was, apparently, convinced then that the heavy debts of fishermen were retarding the development of the fishing industry, yet nothing whatever has been done during that time. The conclusion seems obvious, that the Minister for Fisheries would fain do things, that if he had a free hand he could make an active Department of the Department of Fisheries, that he could give a stimulus to the fishing industry, but that the Minister for Finance— who himself confessed in the House that he does not believe in the future of fisheries—will not give him any assistance, and will, in fact, counter the efforts of the Minister for Fisheries. In a position like that, where the members of the Executive Council are divided in their view as to the future of an industry, it is obvious that no progress can be made.

I think the Minister should state before the House dissolves when this new scheme is to be put into operation and what his hopes for it are. A time has come for a national policy on this question of fisheries. Is the concentration to be on the home markets or are things to be allowed to proceed as at present? In the Report to which I have just referred, it is mentioned that one of the things that prevent the development of a demand for fish within the country is that there is only one big market in Dublin, and that cities like Cork, Limerick and Waterford, having no fish markets, the demand for fish there is not up to the standard that it should be in towns of their size.

The Minister, in his reply, might tell us why his Department has ceased to issue an annual report. When this matter was under discussion some months ago I called attention to the fact that the last report was issued for the years 1923-1925, and that the final sentence of the introduction stated: "The report for the year 1926 will be ready for publication before the close of this year." Is the Minister ashamed to publish another annual report because the records would be so bad? It seems strange that a publication which was being got ready on the 30th of June, 1927, has not yet seen the light.

These observations concern many thousands of families, and I hope the Minister will be able to make some statement that will give a little hope to those who still believe there is a future for the fisheries and a future for the fishermen.

I have had complaints, again and again, from fishermen on the coast of Wexford about the inaction of the Fishery Department and its failure to protect those men from foreigners. I do not know whether the French trawlers are more active there than they are on other parts of the coast, but the fishermen around the Hook and Kilmore complain bitterly of the raids that are being made on their territory. Local fishermen were never known to fish in a place called Slade, in South Wexford, where lobsters were in the habit of breeding. They knew that if they took the lobsters from that particular area they would be destroying their future livelihood. The French trawlers have no such qualms. They came along there many a time in the darkness of the night and took away those young lobsters, destroying the whole breeding bed of lobsters in that part of Slade. A similar incident occurred in Kilmore. Some French trawlers came along and took away both young and old lobsters. It is said that those young lobsters were taken back to France and released there for the future benefit of French fishermen.

A certain District Justice said, when those men were brought before him, that there was no use in his fining these trawlers for coming in too close to the coast, because, in the first place, the fine he could inflict was altogether inadequate; and, in the second place, he understood that the French trawlers had an organisation amongst themselves for paying those fines, so that fines were no deterrent whatsoever. We are also aware that in a recent encounter between the "Muirchu" and those French trawlers, the Civic Guards had to go to the rescue of the "Muirchu" so that our protection for the Irish fisheries is absolutely ridiculous. Even a few Civic Guards had to rescue our navy from those French trawlers. A few days after that occurred, a French battleship came along to wreak vengeance on the Irish navy because it had attempted to interfere with the French trawlers. The newspapers report that when the Commander of the French battleship found the way things were he went away. I suppose he felt that the trawlers were able to deal with the matter themselves.

This state of affairs is going on all over the coast of Wexford from Arklow to the River Barrow. I am fairly sure the Minister has done nothing effective, so far, to deal with the situation. I do not know if the Minister has the power, but I think the Minister for External Affairs ought to be able to protect our fisheries and should make a protest to the French authorities as regards their coming within our territorial waters and taking away those lobsters and destroying the lobster beds.

The fishermen on the River Slaney and Barrow also feel themselves aggrieved. One complaint they have is that they, who are trying to earn their livelihood by fishing, are in places not in as good a position as the men who come over here for pleasure—the men with rods. The men with rods are allowed to start their fishing earlier and to continue later than the men with nets. That is typical of the policy of the present Government on all matters— that the man who goes out for pleasure gets every facility, but the man, like the net fisherman, who is trying to earn a livelihood, is obstructed in every way possible. On the River Barrow, I have been informed there are many more bailiffs put on duty during the fishing season than there are during the spawning season, the implication being that you cannot trust the fishermen themselves, that they will go out to fish on Sunday, although it is forbidden time, but that it is not so important to guard the spawning salmon against poachers during the spawning season. The fishermen in that particular area resent very much the attitude of the Department of Fisheries towards them in their general distrust of them, and also in their general neglect of the fishermen's interests in every instance, while at the same time the Department of Fisheries are so very solicitous about the rod men who come along for pleasure. I do not expect that we are going to get very much satisfaction from the Minister for Fisheries, but we will be at least interested to know whether he will be able to say anything different from what he has said over and over again in this House.

I would like to support Deputy Derrig's demand that before the House adjourns for the long period announced by the President, some indication should be given by the Minister as to whether his Department has or has not any definite policy with regard to the fishing industry. Listening here to the debates on this matter since I came into the House, one thing strikes me more than any other. It is that there is no subject which comes before the House that is obscured by such a smoke-screen as the subject of the Department of Fisheries and its Estimate. Year after year the same complaints are made, and year after year the same remedies, with slight amendment, are suggested from all parts of the House. No action seems to be taken. On the last occasion on which the Estimate for the Department of Fisheries was before the House I asked the Minister to state in his concluding speech whether the Government really believed that the fishing industry was worth the attention necessary in order to save it, or whether it was not.

I would ask him again before this debate closes to give the House some indication as to his mind on the matter, whether the Government has decided it is a foregone conclusion that nothing can be done to save the remnant of the fishing industry around the Irish coast and if they have decided that whether they intend to introduce legislation amending the Ministers and Secretaries Act and abolishing the Department of Fisheries and thus save an enormous amount of time of this Dáil discussing an industry which does appear at all events as not capable of salvation, or whether the Minister and the Department have decided that the industry can be saved and what steps they propose to take to do it. The complaints made by Deputy Derrig are certainly complaints which could not be in any sense described as unreasonable. The complaint with regard to the delay in announcing the rules of the Sea Fisheries Co-operative Association is one that I am keenly interested in, coming from a fishing town myself. Some time ago when the tentative proposals were announced with regard to the Sea Fisheries Co-operative Association groups of fishermen from all parts of my constituency approached me with requests for further information in regard to the matter. I was unable to provide any, and at the present moment if the Dáil adjourns and if no definite statement is made by the Minister we are going to enter another five months without any definite indication as to whether the fishermen may expect any assistance from the Government or whether they may not. That Sea Fisheries Co-operative Association when proposed by the Minister was given a pretty good Céad Míle Fáilte in this House. Criticism was very lenient on the last Estimate, and I think in justice to the House and in justice to the fishermen who in all parts of the country are awaiting the result of the Minister's action with interest and anticipation the Minister should give some definite information to this Dáil before it adjourns this evening.

The matter raised by Deputy Derrig with regard to protection is also one on which we would like a declaration of policy from the Government. Year after year the reply has been given that it was the intention to provide another fishery cruiser. The second fishery cruiser has not yet materialised, and all suggestions with regard to protection, either by way of aeroplane or some other method, have apparently been overlooked or ignored. If the Minister's Sea Fisheries Co-operative Association is set up, and if the fishing industry is tackled with a will, there is no doubt, in my mind anyhow, that all these efforts will be in vain unless proper protection is given to Irish fishermen within our territorial limits. Speaking of territorial limits, I notice on the Order Paper to-day a proposal from the Minister for Industry and Commerce with regard to a Convention which he desires the House to ratify. We had here during the past two or three months Conventions by the dozen. We had Conventions about poison gas and these other modern methods of warfare which I presume the Irish Free State will not use against anybody except probably a few of ourselves. We see these Conventions on the Order Paper day after day. Conferences have been taking place in Geneva, at which our delegates have been present, and we have the results on the Order Paper. Surely we should have some result from the Conference which was sitting in The Hague with regard to the question of territorial limits. If we have not some result we should at least get some information from the Minister as to how matters are progressing, whether our delegates have raised the question of our territorial limits, and, if so, with what result. I suggest that if some statement of policy is not made, and if some hope is not held out that it is intended to tackle this fishing problem quickly, a rule should be added to the Standing Orders of Dáil Eireann to the effect that from this day onwards no further debates shall take place on the matter of the Irish fishing industry, because, to my mind, it is the greatest waste of all the waste of time that this Dáil occupies itself with.

When the question of the fisheries off the coast of Wexford and Waterford was raised here it became apparent after a time that there were very considerable difficulties, and that it was a matter on which one would rather have kept silent from the national point of view until these difficulties had been cleared up. To my amazement, some days afterwards, I read a report of a speech made by Deputy McDonogh, in which he attacked some of our speakers for having supported the Irish fishermen as against the French fishermen.

I never did anything of the sort. I tried to explain that the Frenchmen had started a new industry altogether. Our people never looked for cray-fish until the Frenchmen came along. It was a new departure altogether.

Whatever might be said for or against the contention at that period it struck me as being extremely unfortunate, when the whole matter was under discussion, and when interests of a more or less national industry were at stake, whatever the merits might have been, that anything should have been said in public until the whole question about territorial waters had been cleared up. It certainly discourages the fishermen in Waterford and makes them feel that even in their own Parliament there are people who are not altogether friendly towards their interest and when it comes to action in regard to French boats it certainly has not helped our people.

I am rather reluctant to intervene in this debate because I am one of the Committee that has been set up to try and develop the fisheries. It is not a very easy matter to know how to commence. Though I have as much experience, I suppose, as the gentlemen on the opposite benches I would not know how to start. We will have to go very cautiously and very carefully, or we may waste a good deal of money. This idea of getting a new protection vessel is all humbug. If you had fifty of them you could not prevent poaching. The man who wants to poach will poach in the dark. It is rather a lovely idea to get a sea-plane to go out on dark and blustery nights. It is ridiculous and nonsensical.

Then there was the question of fishermen coming over to this coast and being philanthropic in bringing small seized lobsters over to France. It is a wonder that there would not be some commonsense or, some idea of what is reasonable and right. Of course the gentlemen on the opposite benches do not know anything about it. It is like a good many of the statements that are made in this House. They have one eye on the reporters' gallery and the other eye on the ballot boxes. It is for that purpose a great deal of the talk that we listen to here is indulged in.

On last Friday I handed in a question that I intended to put to the Minister for Lands and Fisheries in regard to the destruction that trawlers are doing off the Inish-owen coast. I find that the question is not on the Order Paper. It was intended to have it on to-morrow but, of course, the Dáil will not be sitting to-morrow. These trawlers are still carrying on their operations. Since handing in the question last Friday I have found that there are men belonging to the district who are piloting these trawlers around Glengad Head. There was a theft of lobster pots on the night of the 7th June last and some of the men from whom the lobster pots were stolen and who are being deprived of their living by the operation of these trawlers, were fraternising with the two local fellows who were piloting the trawlers when they came ashore on Sunday, the 8th June. That is the position of affairs in that part of the country. There is no public spirit amongst the people who are being deprived of their living by these Fleetwood and Grimbsy trawlers. What protection do they deserve when they receive these men with open arms?

Deputy Derrig has said that nothing has been done in connection with the formation of the Association since I made my speech on the Estimate. That, of course, is not so. The directors of the new Association have met. The rules of an association of that kind are very involved. I understand that they take a great deal of preparation, but I am informed that they have been submitted to the Registrar for Friendly Societies and that he has given provisional assent to them. They have not yet been submitted to him for formal approval. As far as I know the directors are meeting again to-morrow and the fact that no legislation has been brought in in the meantime will not prevent a great deal of preliminary work from being done. In fact, a great deal of the preliminary work of the Association has already been done. It will continue to be done without legislation. The Society, I hope, will be registered in the very near future, now that the rules have been put in final shape. There is the question, of course, as I pointed out on the Estimates and as Deputy Derrig has said, that money was not provided for a whole year in the Estimate for this year because of the fact that we are anticipating that there will have to be a supplementary estimate for the Association. We hope to have sufficient funds in the hands of the Department to enable the Association to carry on pending the passing by the House of that supplementary estimate. The rules will be laid on the Table with that supplementary estimate and they can then be discussed.

Deputy Moore talked of the very happy position that we were in in 1924, when our herrings of the previous herring season had fetched 128/- in the German market as against 68/- for Scottish herrings. He said that it was a great pity that we did not do something—I am not quite sure what he meant—to further that particular thing that was selling so well for us. Of course the difficulty was that the herrings ceased to come over in the quality or the quantity that they came in those years. I do not know exactly what one could do to improve that thing. Legislation will not make the herrings good, and no legislation will improve the quantity of the herrings.

Deputy Moore also said that nothing had been done in connection with the position of the fishermen who received loans in the past which they had not been able to repay. The Deputy must at least admit that the persons who owed these moneys have not been put in any worse position, but, in fact, something has been done in the sense that a committee has been for several months going into each individual case.

Our intention originally was to bring in legislation on cut-and-dried lines, cutting down, by a certain amount, loans given from 1919 to 1923. It was found that in practice that would not be satisfactory. Certain persons outside the line who were very badly hit could not have their liabilities reduced at all and certain persons who came within it would not really be deserving cases. That particular plan was, therefore, abandoned and the idea was adopted instead of having each case considered on its merits; that is, where there were outstanding arrears of a loan that case was investigated by a Departmental Committee, including a representative of my own Department and two representing the Department of Finance. There were about 1,000 cases to be investigated. They have practically finished their work now, and the report ought to be ready soon. They have dealt with the vast majority of the cases, and I understand that in a great many there will be a writing down of the liability to the borrower. In a great many other cases there will be no writing down whatever.

A great deal has been said, and will continue to be said, about the damage done by encroaching trawlers. Some Deputies, and many people outside, are frequently mixing up the encroachment by French lobster boats and French trawlers. French trawlers, so far as I know, do not come to this coast at all. The French lobster boats come and they fish well within the three-mile limit. In order to fish at all they have to fish right on the rocks and near the shore. As far as possible, they are being prevented and are constantly being fined. The fine may be considered too small, but I doubt that. I understand that the position of the exchange is against the Frenchman and, as a result, the fine is very considerable and is a great deterrent. Besides that, there is power to seize gear and pots aboard the lobster boat found fishing illegally.

The bye-laws that Deputy Derrig referred to are of no concern in connection with the French lobster boats. In fact, the bye-laws never had any effect except as against British trawlers. Of course the British Government, when they were here, were able to enforce matters outside what are ordinarily accepted as territorial waters. They had the power to impose penalties on their own subjects. Some of the legal officers of the Crown on the other side at one period said that the extra-territorial bye-laws which existed prior to the Treaty continued to exist. Other legal authorities have, I understand, given a contrary opinion. Apparently, lawyers differ on these matters. The position is not clear as to whether these extraterritorial bye-laws are or are not enforceable at the moment. There is then the question of what are generally accepted as territorial waters; there is the three-mile limit. A representative of the Department was at the Hague and the question of territorial waters was discussed. Arising out of the discussions there, we sent on certain things to the Attorney-General for his advice as to what steps should be taken by us. That matter is being put into shape.

Might I ask how long are these papers in the hands of the Attorney-General?

I could not say. The Hague Conference is not over so very long. It is only a matter of six or seven weeks since they returned from the Hague. It is since that time the matter was submitted to the Attorney-General.

Was the matter not raised at the Hague?

The matter of territorial waters was raised and, arising out of the discussion there, we had to send forward certain questions for advice to the Attorney-General. Deputy Derrig has misled himself somewhat with regard to the position in Lough Foyle. He said something about forcing the Irish Society to take action in our courts. Personally, I would like to know how we are going to force them. The Deputy mentioned the Lough Erne case as a case in which we had done something of the kind. The Attorney-General did not, in fact, take the initiative in the Lough Erne case. What happened there is exactly the same as what happened in the Lough Foyle case in its initial stages. The Lough Erne Fishery Company prosecuted fishermen for fishing in what they called their several fisheries. The cases were brought before a District Justice. The solicitor for the fishermen raised the question of title, and the District Justice found that there was a bona fide question of title involved and therefore he had no jurisdiction. The next thing that happened was that the Lough Erne Fishery Company proceeded in the High Court to get a mandamus against the District Justice forcing him to try the case. As far as I remember, the High Court upheld the District Justice and said there was a bona fide question of title involved.

What we want is that the Irish Society should do the same thing. They went as far as proceeding against several fishermen in Moville for fishing on what they considered was their several fishery on the Foyle. The question of title was raised and the District Justice said there was one involved and he had no jurisdiction. But the Irish Society has not proceeded for the mandamus. I would like to know how we are going to force them to proceed. The Deputy said we could, but I do not see that we can. The point about the Attorney-General entering into the other case was this: He entered in order to protect the general public. He associated himself with the fishermen—I forget the particular legal term. The Attorney-General came in only when the Erne Fishery Company took the case further than the Irish Society have taken their case. He could not come in until that same stage would arise in this case.

There is no use in overstating the case for the fishermen. If they have a right, well and good, I would welcome its establishment; but, as the Minister for External Affairs pointed out some time ago, it would appear on the face of it that there is a several fishery there, and there have been certain legal decisions in the past establishing the title of the Irish Society. The Foyle and Bann Fishery Company, who are mostly mentioned in this case, are only the lessees of the Irish Society who have this charter. There is no use in overstating the case for the fishermen and saying that they have this right from time immemorial. In fact, they only started to exercise this right about 1922, and that is not from time immemorial. We made representations in the direction that the Irish Society should proceed in our courts. It is a very simple matter for them. Of course, there would be a considerable expenditure involved by proceeding for a mandamus, and probably that is what has frightened them off. It has cost the Erne Fishery Company several thousands already and the case is not finished. There is an appeal to the Supreme Court. The Irish Society could certainly proceed by way of injunction pending the establishment of the title, and I have no doubt if they could establish a prima facie case that injunction would be given. However, they have not so far taken these steps, but we are not without hope that they will.

Except from what I saw in the question Deputy White has put, I have not heard of any stealing of lobster pots in that particular area. I heard reports very many times in the past that there are people from that area who are members of the crews of Fleetwood and——

Grimsby.

——Grimsby trawling boats. Undoubtedly the local knowledge of these men would make the position very serious on that north Donegal coast. I think, as Deputy White pointed out, that if there was a certain amount of public spirit shown by the persons who are supposed to be suffering such as the Glencar fishermen are stated to be, when they come back to their homes the iniquity of their ways would be pointed out to them by persons living there, and then I think they would not be so likely to come home so often.

What method of pointing out does the Minister suggest?

I leave that to themselves. Perhaps Deputy White would think out a way.

I made a suggestion to them quite recently which I am not going to repeat here. It is for the fishermen to decide whether they will act on my suggestion. There were lobster pots stolen on the Thursday and the Friday nights of the week ending the 7th June by the Fleetwood and the Grimbsy trawlers. I understand also that the local boats with licences fishing for salmon on the previous night were interfered with. I suggest that the Minister should, if at all possible, send the cruiser around at once to investigate the complaints and see how matters stand. It seems to be a rather serious thing for these fellows to interfere with the local salmon fishermen who hold licences.

I had no complaint beyond what has now been mentioned by Deputy White; I had no complaint about the stealing of lobster pots until it was mentioned in the Deputy's question. Deputy Ryan made a suggestion that the Department is treating the rod men more favourably than the net men. On nearly all the rivers there is a different close season for rods and nets and surely the Deputy will not suggest that the rod is as formidable a weapon as the net for killing fish. The net season is invariably shorter than the rod season and there are certain close seasons, such as the weekly close season, that apply to nets and that do not apply to rods. You have both legislation and bye-laws governing the close season for nets.

How can the Minister reconcile that statement with the fact that a net operates on 1st January in Waterford and rods could not operate there until 1st February?

As a general rule there is more restriction on net men than on rod men because the net is a far more potent killer of fish than the rod. On some rivers scientific investigation has shown that the fish run earlier. Then you have certain rivers open much earlier than others for nets. In some cases they open earlier for rods than nets and in other cases they open earlier for nets as against rods. Considerable information has been obtained as a result of local inquiries where evidence can be had from existing fishermen. The investigations are held by persons with scientific knowledge.

It is not, of course, correct to say that any differentiation is made by the Department between one set of fishermen and another. Whenever there is a demand for an inquiry into a grievance that inquiry is almost invariably given. If I understood the Deputy rightly, I think he was complaining that there was a certain number of bailiffs on the river. Certain bailiffs are appointed, both for the close season and the open season, on all rivers by the fishery conservators for the area. I doubt very much whether it is true that there are more bailiffs during the open season than there are during the close season in any given area.

That is what they say.

I doubt it. The Deputy will admit that there must be bailiffs, that people have not yet reached——

The demand of the fishermen is for bailiffs.

Very good. I thought the Deputy was complaining that there had been certain places which the bailiffs were watching closely to see that the weekly close season had not been infringed. There are five whole days in each week during which fish can be caught by nets. If rivers are to have any chance for fish to pass up, apart altogether from sport, and a certain number must spawn, if you do not have two full days in which fish can run freely up an estuary without being netted, rivers will very quickly deteriorate, because the amount of spawning fish will not be sufficient to keep up the supply. That is held by those who are experienced in these matters. I do not think the Deputy would suggest that we should neglect altogether the value of our rod fishing. That is a great attraction to visiting tourists. There are very many tourists of a particularly desirable type, the type who spend a considerable amount of money, who come to this country solely for angling. I do not think the Deputy would suggest that we should discourage them.

No, but we should not starve the fishermen for their sakes.

But if we keep the week open from Monday morning until the following Monday morning we will starve the fishermen, because the rivers will be depleted of fish.

The fishermen have not asked for that either. Their contention was that there were more bailiffs on during the fishing season than during the close season.

I will make inquiries into that. I doubt very much if there have been more bailiffs on during the open season than during the close season. At any rate, the advice that the Department gives— and normally it is what conservators do—is that additional bailiffs should be employed each year during the annual close season, that is, during the spawning season. I do not know of any district where they do not employ an additional number of bailiffs during the annual close season. All these things come up to me annually, and I am not aware that there is any fishery district which does not ask for sanction for the appointment of extra bailiffs during the annual close season. I will make inquiries to see if there is anything in the point.

Could the Minister say when the co-operative marketing scheme is likely to be put into effect? How soon will Deputy McDonogh and his comrades on the Board discover where to begin, and is it proposed to allow them an unlimited amount of time to make up their minds? If they cannot decide, perhaps another committee would.

I am quite willing to resign my place in favour of Deputy Moore, and to let him do what he can.

A Deputy

It would be a good idea.

The less they know about a thing the more talk some people have about it. That is my experience. I have heard wonderful speeches made here for a very long time which amounted in the end to very little. This is a very difficult subject. The fishing industry here is going through a transitional stage, and whether there are to be power boats, sailing boats, or auxiliary boats is a matter for the committee to consider. When materials—nets, ropes, and everything concerned—are so dear, you must go cautiously and without too much hurry about it. Another difficulty is that during the Great War a number of men along the coast went into the Navy and were lost, and a number have gone to America, so that there is considerable difficulty in getting crews, and I am afraid that in certain areas men will have to be imported to teach the people how to fish again. They are settling down and commencing their work now, but what sort of boats would suit them best is a matter on which I would scarely like to offer an opinion.

Is it or is it not a fact that poaching and the stealing of lobster pots is going on? Is the stealing of lobster pots taking place around the coast generally, or is it simply something that has been stated by people, as has been suggested?

I think the only case of stealing lobster pots that has been established was on the Waterford coast. I have been led to believe that that is not the only case.

Previous to the last six months I was in a number of fishing villages around the coast where there were numerous complaints about this stealing and complaints about the trawlers. Is it or is not a fact that British trawlers are fishing inshore in a number of places around the coast—off the Donegal coast, for instance?

The very fact that a man was fined in Waterford is sufficient to show that they are.

Whenever they can get away with it.

Does the Minister think that that should be allowed to continue? Does he not think that adequate protective measures should be provided?

It is a question of what adequate protective measures are.

The present measures are clearly inadequate, and that being so, ought we not as sensible people endeavour to provide the most adequate measures we can?

No trawler will try to take lobster pots, because a trawler must fish on clear ground. There is no use in fishing for lobster on clear sandy grounds, where trawlers work. They will not go in so close as to touch lobster pots.

I am referring to two matters—the stealing of lobster pots and the inshore fishing by trawlers. Complaints have been made to me personally that nothing has been done in these areas, that both these things were happening and that no protection was provided. I ask the Minister whether that is true or whether what has been suggested is a fact—that we bring these matters up for some political purpose? If these things are happening is it not clearly the duty of the Minister to see that they are prevented? Seeing that the present measures are entirely inadequate, what measures does the Minister propose to take to protect the fishermen? The Minister has not told us of any such steps.

I believe that the measures we are taking are fairly effective. I do not believe that any measures that are taken, no matter what expense we might go to in the provision of patrol boats, would entirely stop poaching, any more than the employment of bailiffs by boards of conservators would ever prevent poaching. If we spent forty or fifty times what is being spent we would not get rid of poaching.

What extra patrol boats——

The "Muirchu" is the only one.

One to deal with the whole coast! I think we have very good grounds for dissatisfaction when it is proved that the protection is clearly inadequate. Another matter about which I want information is this: what steps is the Minister taking to develop the home market? Has he taken any, and could he tell us what he has done?

Deputy Moore asked the Minister a question that I would like him to answer, as to when the co-operative marketing scheme will be put into operation. This thing was started several years ago.

I do not know what the Deputy means by the co-operative marketing scheme.

I understood that the scheme for reorganisation included a co-operative marketing scheme.

The Minister has not himself heard about that.

I never said any such thing. This is a co-operative association to do certain things that were formerly done by the Department, and if possible to develop them. It will mean that instead of the Department looking after the giving of loans for boats and gear the Association will be in a position to give these loans on a man's own security. The real effectiveness will be that the Co-operative Association will now provide the loan on the man's own security, without getting any sureties, and that they will handle the man's catches until the loan is repaid. If the fisherman gets a loan from the Association it will have the disposal of his catch until the loan is repaid. It will fall on him week by week instead of his having to pay half-yearly instalments, which he was rarely able to pay. Now he will pay according to his catches—in a bad season less and in a good season more. Under its rules the Association will have power to develop the home market as far as it can be developed. But one must remember that the possibilities of the home market in regard to fish are rather limited. It is idle for people to say that we are a great fish-eating people.

But we import about £350,000 worth of fish.

Yes, but on the whole we are not a fish-eating people in comparison with other countries. We do not eat so much fish per head as people in other countries do.

It is too dear.

The Association will have power to develop the market, as far as it can be developed in a country where the population is widely scattered, as it is here.

Is it not a fact that last year we imported £354,000 worth of fish, a greater amount than our whole catch for that year? Surely that shows that there is a market.

A great deal of that was tinned stuff.

Will the Minister now change his mind about the "Muirchu" being sufficient protection? He has stated over and over again that it was absolutely inadequate and that he was looking for money for some cruisers. Now, apparently, he has come to the conclusion that it is quite sufficient.

I said it was fairly effective. I watched my words. I believe that another boat would be required.

I would like to know if the Minister is taking any steps this year to prevent fishing boats here from being interfered with by foreign vessels. Are people to get any satisfaction for the nets when they are torn up by these foreign vessels and when these vessels are known to the authorities? Is that to continue?

What does the Deputy mean by getting satisfaction? From whom? From me?

A foreign vessel ran down a boat and tore the nets.

Did they bring any action against the owners?

Your Department was made aware of it at the time.

Who were they?

The Mahonys. A French trawler and its crew were brought in and arrested, but there the matter ended so far as the Mahonys were concerned, and their nets went to the bottom.

I think I heard somebody putting a question to-day about the powers to the Minister for Justice. Since no criminal charge lay they were released, and the Mahonys were told that it was purely a civil matter.

Mr. O'Reilly

I would like to know from the Minister also if our representative in Paris has done anything towards getting a market in Paris for crayfish and crabs. We are paying about £4,000 a year to that gentleman, and I am not aware that any Irish fisherman sells crabs or crayfish in Paris, though the price of crabs is 8d. each, and crayfish are from two shillings to five shillings each.

France is the only place practically where crayfish are sold.

Mr. O'Reilly

That does not answer my question.

If they are being sold there already what further can be done?

The Minister did not state whether he expected an annual report.

The intention is that the three years would be combined together the same as in the past.

Will the Minister state the cause of the failure of the fish market in Cork?

That was discussed a dozen times.

I understand that no further legislation is necessary before the preliminary work of the co-operative association is completed.

Assuming the preliminary work is completed before August, will the Minister introduce legislation on the re-assembly of the Dáil?

The chief portion of the legislation will really be to this effect, handing over certain assets of the Department to the Fishery Association, and handing them over after they have written down the outstanding arrears.

Does that mean that the Fishery Co-operative Association cannot become an effective factor this year?

It can, of course.

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