asked the Minister for Justice if he is aware that at a meeting of the Limerick Board of Fishery Conservators it was stated that fines for fishery offences were reduced and wiped out contrary to the wishes of district justices and of the fishery authority; and if he will ensure that all fishery fines stand as imposed by the courts, in view of the damage done by the poaching of stocked rivers and important fisheries.
Ceisteanna—Questions. Oral Answers. - Fines for Fishery Offences.
I am aware that the board in question took exception to the remission of the penalties imposed by the Circuit Court in a case in which the charges were dismissed by the district justice and the prosecutor appealed against the order of dismissal. I am aware, too, of a case in which a fine was reduced on the justice's recommendation. But I cannot recall any case in Limerick in which a fine of the kind was remitted by me against the wishes of the district justice who dealt with the case though, I can assure the Deputy that I would not hesitate to do so if I believed that it was the right thing to do.
Does the Minister not consider that it would be entirely wrong for him or any Minister for Justice to reduce considerably a fine imposed for an illegal act by either a Circuit Court judge or a district justice particularly for these fishery offences?
I stated that I would not hesitate to do so if I thought it was the right thing. If I said that I believed something was the right thing to do and I did not do it, I know what the Deputy would think about it.
Am I to understand that when the district justice thinks he is right, the Minister thinks he is wrong?
As long as I have the power I will do what I think is the right thing to do.
There are other views on that.
asked the Minister for Justice if he is aware that it was stated at a meeting of the Limerick Board of Fishery Conservators that political influence had been used to obtain the reduction and wiping out of fines for fishery offences; and if he will make a statement on the matter.
No one knows better than the Deputy that the Minister for Justice is the recipient of regular representations for the remission of penalties from members of the House, to which, in most cases, he has to turn a deaf ear, but it so happens that I received no such representations in one of the two cases in which I intervened and acted on the justice's recommendation in the other.
Could the Minister say whether it is the usual practice in his Department to obtain the views of the Minister for Lands before he remits such a fine?
I can assure the Deputy there is complete co-operation between the Departments.