asked the Minister for External Affairs whether his attention has been drawn to the report which appeared in the Press on the 1st July, 1932, to the effect that in the early hours of Thursday, 30th June, 1932, a large motor boat swooped down on a party of Free State fishermen in Lough Foyle and tore away their nets, which were hauled aboard by grappling irons and carried off, and if so, if he will state what action, if any, he intends to take in the matter.
Ceisteanna—Questions. Oral Answers. - Free State Fishermen and Lough Foyle.
asked the Minister for External Affairs if he proposes to protect citizens of the Irish Free State fishing in Irish territorial waters from such outrages as were perpetrated on Irish fishermen in Lough Foyle last Thursday, June 30th.
As the question on the Order Paper in the name of Deputy Blaney and that in the name of Deputy Dillon deal with the same matter, I propose to reply to both questions together.
Two separate and distinct issues are involved in connection with Lough Foyle: (1) the claim of the lessees of the Irish Society to a several fishery in Lough Foyle, and (2) the question of jurisdiction over the waters of the Lough.
In a reply given on the 11th May to a question put down by Deputy McMenamin in connection with the matter of the protection of our fishermen on Lough Foyle, I referred to the fact that informal discussions had taken place during the year 1931 between officials of the Department of External Affairs and officials of the Dominions Office in London with a view to arriving at an interim arrangement for the administration of the waters of the Lough pending a settlement of the dispute as to the right of the several fishery. It was hoped to conclude an interim arrangement (pending settlement of the fishery dispute) without prejudice to the general question of jurisdiction over the waters of the Lough. That hope has not so far been justified. I further stated in my reply of the 11th May that the whole situation was being re-examined by the Law Officers.
On the 7th June I stated in reply to a further question by Deputy McMenamin that the Law Officers had re-examined the situation and that it was hoped that discussion would be resumed at an early date with representatives of the British Government. I am now in a position to inform Deputies that discussions have been resumed with the Dominions Office. I hope to be able to give definite information to the Dáil at an early date.
Arising out of the President's reply, am I to take it that this outrage was perpetrated on Irish fishermen while the negotiations were still proceeding with the Dominions Office?
Is the President prepared to open negotiations forthwith with the Six County Government and the British Government to ensure that while negotiations are proceeding they will co-operate in order to prevent acts of piracy on these waters, the jurisdiction of which is still in doubt?
Apart from the two questions that have been mentioned, might I point out that the matter of the several fishery has not been definitely settled in all its aspects? While the question of the jurisdiction is being settled internationally might I ask if adequate protection will be given to the fishermen from the Free State who have to go through the several fishery waters in order to fish in the open sea—to carry out their salmon drift-net fishing? I desire to ask the Minister for External Affairs if it will be possible to give protection to the men from the Free State who fish in Lough Foyle and who are simply going through the several fishery waters in order to fish in the open sea? I might point out that they have a licence from the Moville Board of Conservators.
With regard to the last question, I have not got any information on the points raised. With reference to the supplementary question by Deputy Dillon, I can assure the Deputy that everything is being done to ensure a settlement of this matter without delay. It will be realised that this is a complicated question on two sides, one of which is due to the fact that the Irish Society have not come in to establish their rights in our courts.
I would like to ask the Minister for Foreign Affairs, in the light of the fact that violence of the character practised is unquestionably illegal under whatever circumstances it was perpetrated, will he join with the other two Governments claiming jurisdiction over these waters in ensuring that further violence will not be perpetrated by anybody pending a final settlement of the question of jurisdiction?
Is it not a fact that in the case of Lough Foyle it is impossible for the Free State authorities to have any authority over the several fisheries until the matter is decided in the courts?
Is violence of the type indicated in the question definitely illegal in the circumstances?
I am not in a position to answer that question.
Is it possible to describe as piracy any acts committed in waters the jurisdiction of which is not determined?
Is it not a fact that there is no jurisdiction on the part of the Free State over the several fisheries in the Foyle and is it not a fact that the Foyle and Bann Company are lessees from the Irish Society and that no Free State Court can give any decision on the matter? Might I point out that at the present time they cannot give any decision until the whole question of the several fisheries is decided?
Might I ask if the interim arrangement proposed differs in any degree from previous proposals?
No.