Dáil Éireann - Volume 132 - 27 May, 1952

Ceisteanna—Questions. Oral Answers. - Lough Ree Islanders' Fishing Rights.

Mr. MacBride asked the Minister for Agriculture whether his attention has been drawn to the fact that the islanders on Lough Ree have been deprived of their licences for net fishing; and, if so, whether, in view of the fact that fishing is their principal means of livelihood, he will make representations on their behalf to the Electricity Supply Board or other authority responsible for depriving them of their ancient fishing rights.

Mr. Bartley: All netting in fresh water was prohibited as from 1st January, 1948, under Section 35 of the Fisheries Act, 1939. The prohibition on netting for salmon and trout is absolute and the fishery authority has no power to make an exception in favour of the Lough Ree fishermen in that regard. The Act gives power to authorise by by-law the use of nets in any specified waters for the capture of fish other than salmon, trout and eels, and such a by-law was made on 12th August, 1949, in regard to the waters of Lough Ree. The fishing rights in these waters are vested in the Electricity Supply Board and the issue of permits by the board to use nets therein for the capture of fish other than salmon, trout and eels is not a matter in which I, as the fishery authority, can appropriately intervene.

Mr. MacBride: Is the Parliamentary Secretary aware that the islanders on Lough Ree are mainly dependent on fishing for their livelihood, and on eel fishing particularly? Having regard to [36] that, would he not consider it desirable to make a recommendation to the Electricity Supply Board that licences should be given to them or that some by-law should be passed to enable them to continue to earn their livelihood by fishing?

Mr. McQuillan: Can the Parliamentary Secretary say whether compensation was given to these islanders when that Act came into force in 1948?

Mr. Bartley: Under the 1939 Fisheries Act, netting for salmon and trout in fresh water was prohibited, and the prohibition came into operation on 1st January, 1948. In the matter of the Shannon, compensation has not been paid, for the reason that it has not been shown that the Electricity Supply Board, in fact, permitted these fishermen to fish in Lough Ree, and, in the absence of such permission, there is no power to pay them compensation. If it can be shown that they were, in fact, fishing with the permission of the Electricity Supply Board, the question of compensation will then arise.

Mr. McQuillan: Is the Parliamentary Secretary aware that these people were fishing long before the Electricity Supply Board set up there at all? The position is that they are now deprived of their livelihood, due to that portion of the Act which states that, unless the Electricity Supply Board gave them permission to fish, they are not entitled to compensation. These people have been fishing there all their lives and now, due to a slip up in the Act, they are deprived of the opportunity of fishing for salmon, trout and eels, and, in addition to that disability, they are not given any compensation whatever for loss of their livelihood.

Mr. Bartley: I am aware that they have been fishing in Lough Ree and the Deputy is aware that by a statute of this Parliament such netting was prohibited. I have no power in the matter.

Mr. McQuillan: Surely these people are entitled to compensation?

Mr. MacBride: If, as a result of some inadvertence in the statute, an injustice [37] is inflicted upon a small group of defenceless people like the islanders on Lough Ree, surely it is within the power of this Parliament to remedy the position if the Parliamentary Secretary is willing to do so?

Mr. Bartley: It is within the power of this Parliament to do so.

Mr. MacBride: Will the Parliamentary Secretary take whatever steps are necessary to remedy the position?

An Ceann Comhairle: That is a separate question.

Mr. McQuillan: Why not direct the attention of the Electricity Supply Board to the matter?

An Ceann Comhairle: It is a separate question.

Mr. McQuillan: Is the Minister aware that a number of these unfortunate fishermen are at present in jail for insisting on their rights? It is disgraceful that they should be deprived of their right to fish and should get no compensation.

Mr. MacBride: There is only a handful of families involved.

Mr. Bartley: The Deputy is aware that the Order came into operation on 1st January, 1948——

Mr. MacBride: I do not mind when it came into operation.

Mr. Bartley: ——under the 1939 Fisheries Act. Surely the Deputies who are interested in the Lough Ree fishermen must have known the effect of it.

An Ceann Comhairle: Question No. 49.

Mr. MacBride: May I make this final point? It does not matter who is responsible. Surely the position should be remedied now?

Mr. McQuillan: With your permission, Sir, I propose to raise this matter on the Adjournment.