asked the Minister for Lands and Fisheries whether his attention has been directed to a report that a Fleetwood trawler named "Nettle" was apprehended by the Gárda Síochána illegally trawling within the three miles limit off the coast of Malin Head (County Donegal); whether the trawler was boarded by members of the Gárda Síochána, who ordered the captain of the trawler to proceed under arrest to Buncrana; whether the captain refused to do so, but instead gave orders for the vessel to proceed to Stranraer (Scotland); and, if so, whether he will state what steps he proposes to take either against the owners or captain of this marauder.
Ceisteanna—Questions. Oral Answers. - Guards and Foreign Trawler.
asked the Minister for Lands and Fisheries if a Fleetwood trawler, F.D.I., "Nettle" (Reade master), was arrested while illegally fishing off the Inishowen, County Donegal coast-line, between Malin Head and Portalean, Glengad, on the afternoon of the 10th instant, by the sergeant of the Gárda Síochána at Malin, who pursued him in a local owned motor boat; if, after arrest, the sergeant placed two of the Gárda on board, and directed the master to proceed and remain in Lough Swilly, pending his report to the Department of Lands and Fisheries; if the master defied the arrest, and taking his own course put ashore, the following forenoon, 11th inst., the two Gárda at Stranraer, Wigtownshire, Scotland; if the skipper of this trawler, which is piloted by a Glengad man named Pat Kelly, has been responsible for every illegality, including the disguise of its identification letters, number and name, along this coastline for the past twelve months; and what steps does the Minister contemplate in the circumstances.
I am answering questions 16 and 17 together. The incidents referred to in the questions have been brought to my notice, and I understand that the steps to be taken in the matter are under consideration by the Minister for Justice.
May I point out to the Minister that speaking on 14th November, 1929, he stated——
No. We had a ruling on that matter before. The Deputy must ask a question; he cannot give a quotation.
On 14th November, 1929, he stated——
The Deputy is not asking a question; he is pointing something out.
Is the Minister aware that in this House on 14th November, 1929, he stated that it was the duty of his Department to apprehend foreign trawlers and to bring the owners and the masters of such trawlers to justice? Is he prepared to do this now instead of throwing the onus on the shoulders of the Department of Justice?
Will the Minister place at the disposal of the Guards at either Malin or Culdaff a motor patrol boat?
The question of any equipment for the Guards is obviously a matter for the Minister for Justice. As to the question put by Deputy Cassidy, it is not a matter of my putting responsibility on anybody else. The Dáil places certain responsibility on certain Ministers, and the responsibility in this case is on the Minister for Justice.
Can the Minister state whether the movements of this man Kelly have been taken notice of by the Department?
Yes.
Had the Guards to return from Stranraer at their own expense or at the public expense?
I do not know.
How can the Minister reconcile his attitude to-day with the statement he made when speaking on the Fisheries Vote as to what he was going to do about foreign trawlers?
I do not know what the Deputy is talking about.
Can the Minister state whether he has any jurisdiction in the matter at all? The question before the House relates to the kidnapping of the Guards. Has the Minister any jurisdiction over British trawlers or boats which are found poaching in Irish waters?
Of course, if they are in our waters.
Has it not been the case before that fines of £100 were imposed on the owners of boats and that they had never been collected?
It may have been the case, but I do not think so. In any cases where they were brought ashore and fined they had to pay before leaving.
British boats?
Yes. Within the last year, I remember, in reply to a question, pointing out that there was at least one case where a man was charged and fined £100. His gear was confiscated and he had to pay the fine before he was allowed to leave.
Are there any cases where prosecutions took place and where the fines could not be collected?
If they were not there.