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Dáil Éireann díospóireacht -
Wednesday, 15 Mar 1950

Vol. 119 No. 13

Private Deputies' Business. - Land (No. 2) Bill, 1949—Second Stage.

Mr. Flynn

I move that the Bill be now read a Second Time. I want to make a simple statement of fact in introducing this measure. I claim that, in introducing this, I am giving expression to the feeling of the majority of the landholders in the country and of the people generally that the landholders should be entitled to let or use the fisheries attached to their own lands. Heretofore these fisheries have been vested in and reserved to the Land Commission or to the landlord. The position to-day is that a man whose lands adjoin a valuable fishery has no say whatever in the vesting of that fishery and no right to fish in the waters adjoining his land. The same applies to sporting rights.

The case is sometimes made against a measure of this kind that if one gives back these rights to the farmers the fisheries will deteriorate. I describe that as a rather insidious type of propaganda. It is said that there will be no proper protection. My answer to that is that there is no proper protection at the moment. Irrespective of whether there are conservators or fishery boards protecting the fisheries, the riparian owners poach the waters. I claim that they are quite right in doing so because the vested interests who hold these fisheries reside for the most part outside this State. Why should a farmer whose lands adjoin these fisheries regard those fisheries as alien property? Why should he be a party to their protection when they represent a right that was taken away from him throughout the years.

The Land Commission have let and sublet these fisheries to vested interests. In this Bill I propose that these interests be bought out at a fair price and the fishery rights and sporting rights revested in the riparian owner by way of additional annuity consolidated with the annuity already attaching to his holding. In that way we shall not do anything detrimental to any interest. We shall simply restore to the farmers a particular right to which they are entitled with the least possible loss to those who now enjoy such rights and who utilise these fisheries for their own benefit. I suggest that to safeguard against exorbitant claims being made for compensation a tribunal, such as that suggested in Section 2, could decide as between the interested parties. In order to make it possible for the Government to meet our demands I would suggest that what has been done in previous legislation should be done here. Particular areas could be taken over at different periods. That is the answer to the Department of Finance, or any other Department, which might claim that this was too costly an undertaking and that the compensation to be paid would be incommensurate with any benefits which might accrue.

The strongest argument put forward by the trout angling associations and other interests is that the farmer might be selfish and might develop his own particular stretch or river or lake to the detriment of other interests above or below him. I can cite a case in point to prove the inaccuracy of that suggestion. The river Laune in County Kerry drains into the lake of Killarney. A landowner there took legal action and was given the particular fishery. He sublet that to hotel proprietors in Killarney. This hotel uses the fishery for the purpose of attracting tourists. When the fishery was awarded to him it was in a sadly deteriorated condition because it had been consistently poached. It is now a valuable asset, because of development, both to himself and to the nation. I could quote a number of such cases. That is a complete answer to those who say that if these fisheries are handed back they will immediately deteriorate.

Another point put forward against handing them back to the farmers is that they would charge exorbitant rates to those who wished to use them. Why depict the farmers as selfish and dishonest people? They are the backbone of the nation. The inhabitants of our towns and cities all came from farming stock. The best of our race has come from the land. That is an answer to that type of propaganda. I do not approach this measure from any political angle. This is a Bill that should have been introduced years ago. I appeal to the Minister to let this go to a free vote of the House.

In regard to sporting rights there is ample machinery in the Land Commission for the purpose of vesting such rights. I wanted to draw the Minister's attention to one particular aspect. On the Ventry estate in County Kerry the sporting rights are still in the hands of outsiders.

They were never handed over to the farmers or even to the Land Commission. I have been informed that in previous legislation the Land Commission have ample powers to deal with that matter. That is why I am including it—in order to clarify the position and to see that such powers can be utilised to deal with estates. Perhaps there are others throughout the country.

On the question of vested interests, let me say that I realise that the said vested interests could mean the Land Commission as well as people from outside the country. We have State property. Take, for instance, the State property in the Bourne Vincent Estate. In connection with the lower reaches of that estate, the riparian owners agitated some years ago to lease these fisheries from the Board of Works. At that period they were advertised. Once again the vested interests were in a position to pay a pretty enhanced price for them and the local farmers could not compete with them. That is another type of fishery to which I am referring as well as to the stretches of river and lake shore fisheries. I want to make it quite clear to Deputies who may have points against this measure that where trout angling associations and other interests have developed their own stretches on rivers and proved from their own industry that these are an asset to the nation, this Bill will not interfere with that interest at all. There is no mention of it. There are certain areas where these trout angling associations have made purchases, in some cases from the riparian owners and in other cases from the Land Commission. We are not out to hinder the development of fishing. We are paying the way for real development. No matter what may be said about riparian owners and farmers, whilst farmers stand on the bank of a river and look at a man from South Africa or from some other country fishing on his lands and order him off his own lands you will have no development. You cannot have it.

Take the trout angling associations. I am informed that a man with a £2 licence dare not go into that stretch of river which is leased by the vested interests. As a contrast, would he not have a better chance in dealing with the local farmer and the local riparian owner to lease a stretch of river and get permission to fish on it for a week or a month or whatever the period may be? These are the fundamental points which I am putting forward.

I hope the Bill will be favourably received and that it will be accepted in the spirit in which it is offered.

I second the motion and reserve my right to speak later.

Has the Minister any statement to make?

Mr. de Valera

That is an extraordinary attitude.

Put the motion, a Chinn Chomhairle.

It is an extraordinary attitude for the Minister to adopt on a Bill of this kind which has been introduced as a Private Member's Bill. If the Minister would indicate the attitude of the Government in relation to this matter we would know where we stand and perhaps the Minister would save quite an amount of parliamentary time if he were to do so. I do not see why he should keep silent if the Government have taken a decision on this matter. If on the other hand the Minister has a personal opinion on this matter and cannot get the agreement of his colleagues on it then it is quite a different question.

As the Minister well knows, this Bill raises very difficult and serious questions throughout the country. The first principle of the Bill recommends itself to me and, I am sure, to most Deputies of this House, that is, of the State or the Land Commission in the name of the State stepping in and taking over the fishing rights. Having said so much, let me add that I disagree with practically everything else that is in the Bill. I accept the principle that the State or some Department of State would come in and take over these fishing rights and particularly these private protected fisheries which we have throughout the country and more particularly in the Minister's own constituency. We have many valuable fisheries there such as the Moy, the Newport river, the Carrownisky river and numbers of other rivers in County Mayo that are, in the main, owned and leased by outsiders. I think a very good case can be made by the movers of this Bill to ask the State to come in and take over these rights, compensate these people, if necessary, and put these fisheries in the position that every member of a fishing club or certainly every citizen of this country, on paying the necessary licence fee, would be entitled to fish there.

That is the principle I take from the first part of this Bill—that the Land Commission would take over these fishing rights. However, some of the other matters dealt with in this Bill —what it is proposed to do with the fisheries, namely, the handing of them back to the riparian owners or to individual landholders—are quite different propositions. They are matters upon which I would have to make up my mind on the Committee Stage, if this Bill gets as far as the Committee Stage. With regard to fishing in the inland waters of this country I may say that I agree with the principle of the State taking over. I would be behind the mover in asking the Government to accept that principle. If the Minister has a Bill or some form of procedure in mind to deal with this very urgent problem throughout the country, and particularly in the West of Ireland, and if he would tell the House about it, we could accept what the Minister has in view. There are many things here which we cannot accept. For instance, I do not accept that you can deal in a Bill of this kind with both sporting and fishing rights because they give rise to different problems. The question of sporting, preserving game, commonages and so forth gives rise to far different problems. There are already enough problems in connection with the fishery code as it exists to-day—as I am sure the Minister will realise if he comes to draft legislation.

I should like to know now the intention of the Government on this matter. It would save the time of the House instead of having to wait to hear what the Minister has to say at the end of the debate. The principle in the first part of the Bill will be accepted, I think, by most Deputies in this House. I would be very interested if the Minister would, even now, make a statement on the Government's intention in connection with the problem of inland fisheries.

Like Deputy Moran, I quite agree with the principle enunciated by the mover in the first section of the Bill, but unlike Deputy Moran, having subscribed to the principle of the Bill, I suggest to Deputy Flynn that he is going absolutely the wrong way about tackling this problem. I do not know what attitude the Minister will adopt towards the Bill but I expect, as custodian of the Department, he could not possibly accept it in its present form. There are many difficulties involved to which the mover of the Bill has not adverted, whether consciously or unconsciously I do not know. Deputy Moran pointed out that there are distinct and separate problems connected with sporting rights, as distinct from fishing rights. The fishing code is already fairly complicated and, in my opinion, this seemingly simple Bill would only add to the confusion. Undoubtedly the time is past that some wandering duke or earl, who has parted with his ancestral lands, should still be the proprietor of fishing rights in this country. I am perfectly in sympathy with Deputy Flynn there.

I think the time has come when the State must face up to the problem of bringing these rights within its own purview and control but I do not think that Deputy Flynn has found a solution of the problem in suggesting that the Land Commission should take them over and compulsorily vest them in the tenants. You are up against the problem that perhaps some tenants, if these rights were vested in them, would not look after them properly. Some certainly would but others might not. Certainly in regard to sporting rights, it is easy to visualise some farmers doing all in their power to preserve the lands while their neighbours would do nothing. In that way the preserves of whole areas might be destroyed. I would suggest to Deputy Flynn that if he could get the House to accept the principle that the time has come that something should be done to restore to Irish control, fishing and shooting rights in the country, he should withdraw this Bill because I think his intentions as expressed in the Bill have gone somewhat astray, and the Bill would not ultimately achieve what he wants it to achieve.

Certainly it would not achieve it in a harmonious way. It is a big and very complicated problem, one in which you have a tremendous divergence of interests. The Deputy himself has referred to the fact that there are leases and numerous sub-leases of certain fishing rights. I can see at once that big problems would arise if these fisheries were taken over in the way he suggests. It is a problem that needs thorough technical investigation, a problem which requires all the astuteness and expertness of trained draftsmen to frame a law in understandable language and capable of effective operation. While I contend that the time has come when the wandering duke or earl or alien of any description who has bought certain fishing or gaming rights should promptly be divested of these I would not recommend to the House that that should be done by the method suggested in the Bill. I would urge upon the Minister to direct his mind to the fact however that there is almost unanimous sympathy with the idea that these shooting and fishing rights should be brought back under Irish control. I would suggest that some measure should be introduced by the Government which would give effective control or at least remove foreign ownership of Irish rights.

Mr. de Valera

I do not think that, in the experience of this House, there has ever been a case in which the Government has so shirked its clear responsibilities and the Minister has so shirked his clear responsibility to give a lead to the House as on this occasion. This is a very important matter, the question of fresh-water fisheries—in-land fisheries. Surely if a lead is to be given in an important matter of this kind to the House it should be given by the Minister? He is responsible. He has technical advice and experience at his disposal and should be in a position to explain the principles involved in this matter. Why is is that we have to wait for private members to explain these principles? He has been challenged to give his opinion by the mover of the Bill. Whenever a private Bill is introduced involving a matter of public importance the Government should face up to its responsibilities, give its decision and not wait for other people to do their duty for them.

As has been explained this is a difficult question. There are four or five principles involved in the Bill. There is the question of securing public control and ownership of the fisheries and the question of what it would cost to secure that. Has any estimate been made by the Department concerned of what it will cost to take over the fisheries? Next, there is the fact that there is a very big difference between the problems of the fishery rights and sporting rights. There is then the question of tourism, the sporting attitude towards fisheries and the commercial attitude. All these are matters which the Department and the Minister responsible ought to know and in regard to which they ought to give the House a lead and not wait for private members to stand up to express their views. As to the question of the desirability of securing public ownership of these rights, there can be little doubt; but there is the question of cost to be considered. Somebody would have to give an estimate of what the cost is likely to be so that we would know exactly what we were doing in taking over these rights. There is a further question. Having secured State control, are we to give back these fisheries and divide them up so that the people through whose lands rivers flow or whose lands lakes adjoin, will have the ownership of these fisheries? I am not in favour generally of nationalisation; I believe in private enterprise to the utmost but here is a case, if ever there was one, in which public ownership could be advocated. Does the Minister stand for it? If he stands for it, is the State prepared to find the money necessary to buy out the owners? Let us hear from the Government what is their attitude in the matter. Let us hear what would be the difficulties of carrying out such a programme and what would be the attitude of the Government in regard to giving back these rights to private individuals.

Is it the proper way to develop these fisheries? What are the difficulties that would arise? Most of us can see some of these, but we want to know what is the considered attitude of the Government. I think it is most unfair for the Minister in charge of the Department immediately concerned to sit here and wait for private members to express their opinions in regard to the measure. He should be leading in this matter. That is his duty.

That is a new conception.

Mr. de Valera

It is the Minister's duty to lead in a matter of this importance, to give a public lead.

Why do you not put it the other way and tell all the Deputies that they are just so many mugs, that the Government know everything and that they know nothing? Why do you not take that attitude?

Mr. de Valera

The Government has a Department of Lands and of Fisheries——

A Department of Lands and Forestry.

Mr. de Valera

The Department of Fisheries has considered, not now, but before this, the whole question of fresh-water and inland fisheries. The Department of Fisheries has given general consideration to this matter and it ought, from its experience, be able to tell the people whose only experience of it would be either as sportsment with rod and line fishing in rivers, or else as farmers through whose land a river flows, something in relation to the existing position.

What about the poachers?

Mr. de Valera

We have not got from the Deputy who introduced this measure a sufficient amount of information and I believe it is the duty of the representative of the Government to tell the House what his attitude, as the responsible Minister, and what the attitude of the Government is. This is simply playing politics—that is what is involved.

You were doing it for 16 years.

Mr. de Valera

We accepted our responsibilities on every occasion.

The Deputy has the right to be heard without interruption.

Mr. de Valera

We faced our responsibilities. This Government is simply shirking every responsibility it can shirk. It wants to be assured, before its representative opens his mouth, what the Opposition is going to do; in other words, it is the Opposition that has to do the leading.

I do not care that much what the Opposition does.

Mr. de Valera

Do you not? You want to see, when it comes to a division, what sort of support you are likely to get. You like to be able to play the popular part and get any popularity involved in a decision. If it is unpopular, you like the opportunity of placing the unpopularity on the Opposition.

If that is the kind of Government you ruled over——

Mr. de Valera

That is the type of Government we have to-day. There was never an instance until now in which the Government, after a Private Member's Bill was brought in, sat silent waiting for the Opposition to express their opinion. We are not afraid to express our opinions with regard to the principle of the Bill. So far as the taking over is concerned, the only question is the cost and how it is to be done. So far as giving them out again is concerned, I, for one, will require a great deal of argument to satisfy me that once the State got possession of these it would be good public policy for the State to hand them back to private individuals. Why cannot the Minister, if he believes these things, say it? Why should he wait for the Opposition to say it for him?

Deputy Flynn to conclude.

Would I be in order in moving "That the Question be now put"?

We will wait for the British controlled trade unions to speak in the young Republic.

I will have to put the question, if Deputy Flynn will not rise to conclude.

I was waiting for the Minister to say something.

But nobody has risen. Deputy Commons is entitled to speak, if he likes.

Would I conclude the debate?

The Deputy has a right to speak, and Deputy Flynn to conclude afterwards.

I was waiting for some other Deputies to speak.

Deputy Flynn to conclude, then.

I must say I am disappointed at the Minister's attitude on this measure. Deputy de Valera said I did not give certain information, certain details in connection with this Bill. I submit that to do that I should have had access to statistics and returns in the Department relating to the number of vested fisheries and other interests and their values throughout the years. I did make an effort to get certain information, but I had not sufficient time at my disposal to get all that would be necessary. I admit that in a matter like this considerable preparation is necessary. I simply put forward the Bill so that Deputies could criticise it or suggest amendments and in that way we might get at the root of the problem and endeavour to solve it.

I want to make it quite clear that Deputy Commons or myself or any other Deputy who supports this measure is not out to do anything that will impede developments or be detrimental to tourists' interests and the interests of the nation. We are endeavouring to make it possible to pave a way for development. It is a well-known fact that the State provides machinery such as conservators and fishery boards, but I contend that even if you had a 1,000 bailiffs and others trying to protect fisheries, if you have not the goodwill of the farmers whose land adjoins rivers, the riparian owners, it would be merely a waste of time. That is my contention. I claim that if the State will regard this matter as important—and they must— then they should first buy out the fisheries, the various vested interests, at a fair price.

The Land Commission own a large number of these fisheries, and if they vested them in the tenants at a price to be arranged by the tribunal, I claim it would go a long way to encourage the development of our fresh-water fisheries. In parts of the County Kerry, farmers and their predecessors have been agitating for that for a long number of years. Under the 1923 Land Act there was provision for the purchase of the fisheries, but that did not avail much to the people who had been carrying on an agitation for years to become the owners of them. In one case the fisheries reverted to the Land Commission, and in other cases they reverted to the original landlord or to his descendants. In parts of Kerry the fisheries are still in the hands of the original landlord and are vested in people outside this country.

That situation has led to a good deal of conflict and agitation. Farmers have been brought to court for trying to maintain their rights and for preventing those people from, as they call it, trespassing on their lands. The object of this Bill is to make it possible for the Government to deal with this matter in an expeditious way.

Under the land rehabilitation scheme, counties are grouped and work is carried out on that basis. I suggest to the Minister for Agriculture and to the Minister for Lands that the same method should be adopted for the taking over of these fisheries. They might deal with two or three counties at a time. If that were done it would, I think, meet the point that was raised by Deputy de Valera in regard to cost. That is the suggestion that I make to the Government for dealing with this matter in a systematic way. Otherwise, I assume that the cost of dealing with it might be very great. I think one Minister said recently that the cost would run into millions. If this problem were dealt with on the lines of the land rehabilitation scheme it would be an easy matter for the Government to put up sufficient money each year to defray the cost of vesting and the purchase of these fisheries over a small group of counties.

The point was made that this measure would interfere with certain rights in regard to leases, and so on, which certain people hold at the moment. It has been said that some of these fisheries have been leased to outside concerns for a long period. As I said at the outset, the suggestion that we are making is that machinery be set up to deal with that. I can imagine that, if the Government were to agree to the principle of the Bill, ways and means can be found for dealing with any problems that might arise in regard to leases, etc.

A question was put to me in regard to a central fishing authority. That, in itself, would be very important, but it would entail considerable work over a long period of years. I imagine it would also entail the taking over of a several fishery and, I presume, syndicates and other interests. That, however, is not exactly what we are driving at in this Bill. Riparian owners are quite distinct from syndicates or from a several fishery. We are simply making the claim that the rights of riparian owners should be dealt with in the first instance. If it is the intention of the Government to introduce a more extensive measure in the near future, it will be up to them to deal with any points or proposals that are not covered in this Bill. In conclusion, I would again ask the Minister if he is prepared to accept this Bill in principle, and if not to leave the question to a free vote of the House.

On a point of clarification, am I right in interpreting Section 3 as set out in the Bill as imposing a duty on the Land Commission forthwith to vest in the tenant that part of the fishery which is an appurtenant to his land, and to impose on the tenant an annuity adequate to redeem the purchase price of the fishery over a term of years, because I feel sure——

The Minister cannot make a speech now.

I want to find out from the Deputy if he intends to put such an imposition on the tenant. It might well amount to £40 or £50.

The Minister may ask a question, but he may not make a speech.

I have asked a question.

The Minister cannot take Section 3 without bearing in mind the reference in Section 2 to the tribunal to be set up to fix a fair price. The Minister for Agriculture should not, or could not, assume that this would involve an additional annuity of £50 on a tenant.

In certain cases, as the Bill is drafted, it must impose an annuity.

That is a matter that I would like to deal with at a later stage. I admit that the words "shall vest" are mandatory, but if the Bill goes to Committee an amendment could be moved to leave it optional with riparian owners as to whether they would vest or otherwise.

Question put.
The Dáil divided: Tá, 47; Níl, 61

  • Aiken, Frank.
  • Allen, Denis.
  • Bartley, Gerald.
  • Blaney, Neal T.
  • Boland, Gerald.
  • Brennan, Thomas.
  • Briscoe, Robert.
  • Buckley, Seán.
  • Burke, Patrick.
  • Butler, Bernard.
  • Carter, Thomas.
  • Colley, Harry.
  • Collins, James J.
  • Commons, Bernard.
  • Cowan, Peadar.
  • Crowley, Honor Mary.
  • Davern, Michael J.
  • De Valera, Eamon.
  • De Valera, Vivion.
  • Flynn, John.
  • Flynn, Stephen.
  • Friel, John.
  • Gilbride, Eugene.
  • Gorry, Patrick J.
  • Harris, Thomas.
  • Hilliard, Michael.
  • Kennedy, Michael J.
  • Killilea, Mark.
  • Kissane, Eamon.
  • Kitt, Michael F.
  • Lemass, Seán F.
  • Little, Patrick J.
  • Lydon, Michael F.
  • Lynch, John.
  • McGrath, Patrick.
  • Moran, Michael.
  • Moylan, Seán.
  • Ó Briain, Donnchadh.
  • O'Grady, Seán.
  • Rice, Bridget M.
  • Ruttledge, Patrick J.
  • Ryan, James.
  • Ryan, Mary B.
  • Ryan, Robert.
  • Smith, Patrick.
  • Traynor, Oscar.
  • Walsh, Richard.

Níl

  • Beirne, John.
  • Belton, John.
  • Blowick, Joseph.
  • Browne, Patrick.
  • Byrne, Alfred.
  • Byrne, Alfred Patrick.
  • Coburn, James.
  • Collins, Seán.
  • Cosgrave, Liam.
  • Costello, John A.
  • Crotty, Patrick J.
  • Davin, William.
  • Desmond, Daniel.
  • Dillon, James M.
  • Dockrell, Maurice E.
  • Donnellan, Michael.
  • Doyle, Peadar S.
  • Esmonde, Sir John L.
  • Everett, James.
  • Fagan, Charles.
  • Finucane, Patrick.
  • Fitzpatrick, Michael.
  • Giles, Patrick.
  • Halliden, Patrick J.
  • Hickey, James.
  • Hogan, Patrick.
  • Reidy, James.
  • Reynolds, Mary.
  • Roddy, Joseph.
  • Rooney, Eamonn.
  • Sheldon, William A.W.
  • Hughes, Joseph.
  • Keane, Seán.
  • Keyes, Michael.
  • Kinane, Patrick.
  • Kyne, Thomas A.
  • Larkin, James.
  • Lehane, Patrick D.
  • McAuliffe, Patrick.
  • MacEoin, Seán.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • McMenamin, Daniel.
  • Madden, David J.
  • Morrissey, Daniel.
  • Mulcahy, Richard.
  • Murphy, William J.
  • Norton, William.
  • O'Donnell, Patrick.
  • O'Gorman, Patrick J.
  • O'Higgins, Michael J.
  • O'Higgins, Thomas F.
  • O'Higgins, Thomas F. (Jun.)
  • O'Leary, John.
  • O'Sullivan, Martin.
  • Pattison, James P.
  • Redmond, Bridget M.
  • Spring, Daniel.
  • Sweetman, Gerard.
  • Timoney, John J.
  • Tully, John.
Tellers:—Tá: Deputies J. Flynn and Commons; Níl: Deputies Doyle and Kyne.
Question declared negatived.
The Dáil adjourned at 10.23 p.m. until 3 o'clock on Tuesday, March 21st.
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