asked the Minister for Justice what facts he took into consideration when remitting the prison sentence of six months imposed on Mr. Louis Watson, Belfast, at Letterkenny District Court in 1957 for having deleterious matter (cymag) in his possession near the banks of the River Lennon at Ballydoan, Kilmac-crennan, County Donegal.
Ceisteanna—Questions. Oral Answers. - Remitting of Prison Sentence.
76.
It would be contrary to established practice to disclose the reasons for the exercise of clemency in any particular case. I do not propose to depart from that practice.
Does the Minister think his answer will engender the co-operation of the local people with the gardaí and the local fishery board keepers?
I always thought there was honour amongst thieves.
I do not think that is a reply to my question.
Does the Minister consider it edifying in a fishery area that where a person has been convicted in the court of having cymag for the purpose of poisoning a river and was sentenced to six months' imprisonment, he should have the sentence completely remitted without any indication of the grounds for such remission and if Mr. Watson can have his sentence remitted without an exceptional explanation, why should anybody else not engage in poisoning these waters for profit?
The Deputy might consult one of his colleagues on this matter. The position is, as the Deputy is aware, that in all these cases I take all the relative and surrounding circumstances into consideration in arriving at a decision. It has never been the practice to disclose the reasons for remitting sentences in any particular case and I do not propose to depart from that practice in this instance.
Is it not also equally desirable that where there has been a remission of sentence in respect of a peculiarly obnoxious type of crime in a fishery area, the Minister should take the precaution of saying that in this particular situation very exceptional circumstances obtained to which he had regard? Surely people should be put on notice that in a fishery area the user of cymag for poisoning rivers for profit is looked upon by the Oireachtas, the judiciary, and authority generally, as a grave offence which ordinarily would not be regarded as one suitable for remission of sentence?
All the considerations which the Deputy has mentioned were present in my mind and in this case a heavy fine was substituted for a prison sentence on petition. As the Deputy knows, in these cases there can be mitigating circumstances to which regard must be had by me as Minister for Justice when petitions are submitted to me. The Deputy himself has submitted petitions.
Hundreds, that is my duty.
I suggest that this particular type of questioning is doing nothing to help the petitions procedure which it is my duty to operate.
Question No. 77.
It is not——
I have called Question No. 77.
Surely I am entitled to raise this point? It is not for the Minister for Justice or any other Minister to lecture me or any other Deputy as to the questions we should or should not ask. We will judge that and it is for the Minister to make the appropriate reply.
Ask your colleague about this case.