LEAVE. FIRST READING. (Hansard, 16 March 1869)

§ THE ATTORNEY GENERAL FOR IRELAND (Mr. SULLIVAN)
, in moving for leave to bring in a Bill to amend "The Salmon Fishery (Ireland) Act (1863)," and the Acts continuing the temporary provisions of the same, explained that, in 1863, an Act was passed of great moment to the salmon fisheries, and under it a Commission with extensive powers was constituted, and three Special Commissioners appointed under the Sign Manual, whose tenure of office was at the pleasure of the Crown. It was provided by that Act that the office of Commissioner should last for two years, and thenceforth until the end of the next Session of Parliament. By the 42nd section it was provided that on the determination of the office of the Special Commissioners all the powers and duties vested in them should be transferred to two permanent inspectors, to be appointed by and subject to the control of the Lord Lieutenant of Ireland, The office of the Special Commissioners was continued by several Acts of Parliament passed at various times, and ultimately. by an Act passed last Session, the office was prolonged till the 1st of August, 1869. In 1866, Captain Spratt and Mr. Lane were appointed Commissioners, and in 1867 Mr. Pattison was appointed third Commissioner. It appeared, however, from representations made to the Home Office, that certain differences had arisen between the three Commissioners as to the mode of working the Commission, inquiries which appeared to be 1544 absolutely unavoidable were made, and the conclusion arrived at by the Home Office was that the harmonious working of the Commission was impossible. In October, 1868, the Home Office intimated in distinct terms its intention that the Commission should cease and determine on the 1st of December last. When that day came the Home Office sent a communication to Dublin Castle that the Commission had terminated, but it appeared that no communication was made to the Commissioners themselves. On that day the Lord Lieutenant appointed Major Davis in their place as permanent inspector, and on the 4th Mr. Brady was appointed another. Soon afterwards the present Government came into Office, and Mr. Lane, one of the inspectors, wrote to the Government to say he was still a Commissioner holding his seat under the Royal Sign Manual, which had not been revoked, and that consequently the appointment of the permanent inspectors was illegal and invalid. The Home Office adopting the view that the Commission could not work harmoniously, revoked the appointment of the Commissioners by warrant under the Royal Sign Manual on the 30th of January, 1869. Having regard to the large jurisdiction vested in the inspectors, and the important rights which they had to decide, it was necessary to bring in a short Act of Parliament to solve the difficulties which existed, and enable the inspectors to be appointed under the Act of 1863, as if the office of the Commissioners had determined. It was most desirable that the measure should be passed as rapidly as possible. The right hon. and learned Gentleman concluded by moving for leave to bring in the Bill.

MR. GATHORNE HARDY
said, the learned Attorney General for Ireland had explained what took place with regard to the Fishery Commissioners to a great extent, but not quite accurately. While at the Home Office he received frequent complaints that the Special Commission, then consisting of two members (Captain Spratt and Mr. Lane) was at a dead lock, and that nothing could be done. He, accordingly, appointed a third Commissioner, as he believed admirably fitted for the position, in the hope that the Commission would be brought to an early termination, but, unfortunately—and he would not then 1545 say who was in fault—the same difficulties arose between the three Com-missioners as had arisen between the two; the proceedings were protracted from month to month, and the Commission had cost the country £5,000 too much. After due inquiries, the late Government gave the Commissioners notice that their Commission would f terminate on the 1st of December, 1868; and he regretted that the Royal Sign Manual was not then obtained to bring it then to a close. That omission, however, happened at a time when many circumstances were occurring, and when, as everybody knew, there was much business to be wound up. He was only sorry that he had not taken steps to terminate the Commission a, year sooner, for such a course would have saved the country much money.

§ MR. DENT
said, he wished to say a few words on behalf of a brother officer, Captain Spratt, who, he thought, might have been mentioned with more respect.

MR. GATHORNE HARDY
I beg the hon. Gentleman's pardon. I have not said a word against Captain Spratt.

§ MR. DENT
said, he was aware of that; but still his name was mentioned in such a way as to pass over the fact that Captain Spratt's conduct was approved, as he understood, by the right hon. Gentleman himself. [Mr. HARDY made a gesture of assent.] Captain Spratt was a distinguished officer, and his name ought not to be mixed up with others, as if he were to blame equally with them.

SIR HERVEY BRUCE
must say a word on behalf of Mr. Lane, whom he had always found most courteous and attentive to the duties of his office.

§ COLONEL WILSON-PATTEN
suggested that it would be only fair towards all the parties concerned that the correspondence on the subject should be produced, when the House would see that the late Government were perfectly justified in endeavouring to put an end to the Commission. On looking over the proceedings of the Commission he was surprised at the way in which the public money had been wasted. He should support the Bill, because he thought it was absolutely necessary that the Commission should be put an end to.

MR. HILL
remarked that the correspondence showed that Mr. Pattison, who was called in as umpire, had ful- 1546 filled his duties in an unexceptionable manner.

§ MR. CHICHESTER FORTESCUE
said, he thought it desirable that the correspondence should be laid on the table, and he understood its production would be moved for by his hon. Friend behind him.