HC Deb 22 March 1867 vol 186 cc425-8
MR. BLAKE

said, he rose for the purpose of asking the Chief Secretary to the Lord Lieutenant. Whether a Memorial has been received by the Irish Government from Fishermen on the Lower Shannon, complaining Of an outrage committed on them by the destruction of their nets by the Knight of Glin, or by parties acting under his authority, and with his approbation; and, if so, whether the Government have directed any and what steps to be taken to investigate the complaint made, as well as to maintain to the public their common law right of fishing in the tidal waters of the Shannon, and to draw up and spread their nets and land their fish on any beach, strand, or waste adjoining the shore, as authorized by the third section of the Act to regulate the Irish Fisheries, 5 & 6 Vict. c. 106. It appeared that the Knight of Glin had a weir on the Lower Shannon called the Long Rock Weir, which had been ordered to be abated by the Fishery Commissioners; but on an appeal to the Court of Queen's Bench this order was set aside, and the Knight of Glin proceeded to re-erect the weir. In order to prevent the drift and draft net fishermen casting their nets so near as to interfere with the weir he caused stones and other obstructions to be thrown into the river near it, in consequence of which the fishermen had to keep at a distance, which was very disadvantageous, to prevent injury being done to their boats and nets. The fishermen summoned the Knight of Glin, as they considered there was an obstruction of their common law right to fish; but after the case had been heard the magistrates declared that their jurisdiction was ousted, as the question of title had been raised, and thus the proceedings closed for the time. Soon after the decision of the magistrates the fishermen sent a memorial to the Lord Lieutenant, praying that steps should be taken to protect them, by directing the Board of Works, as conservators of the Shannon, to see to the matter of their right. To this memorial no reply had been received. Six days afterwards the fishermen heard that the Knight of Glin had ordered his tenants to attend with horses and cars to place further obstructions, and they thereon sent another memorial to the Lord Lieutenant praying for protection. The next day the fishermen, at about nine o'clock, were drying their nets on the strand when upwards of 100 of the Knight's tenants, with some fifty or sixty horses and cars, came on the strand laden with stones, walked over the nets, tearing them in pieces; some of the horses were thrown down by the nets, and several assaults were committed on the fishermen in the presence of Mr. Hartnell, J. P., who read the riot Act in order to quell the disturbance. Summonses and counter-summonses were issued for assault and malicious injury, and by consent of the legal advisers of both parties, when the case came before the magistrates, the whole question was referred to the quarter sessions at Rathkeale, which commence on the 29th instant. Probably the Solicitor General would say in reply that, as the case was about to be tried, the Government could not now interfere. But he begged to tell the hon. Gentleman that the Government ought to have interfered long before; even supposing that the Knight of Glin had a right to prevent the fishermen from using the shore he had no right to assault them, and thus assert his claim in an illegal manner. He had not the slightest doubt but that the public had, under the 5 & 6 Vict., a perfect right to use the shore for their fishing purposes. When the destruction of the nets took place the Government ought at once to have taken steps to satisfy themselves of the justice of the application, and if they were so satisfied they ought to have protected the fishermen and enforced the laws, instead of the fishermen being obliged, at great expense and at a great sacrifice, to assert their rights in a court of justice. The authorities in Dublin appeared not to have taken the slightest notice of the memorial. The Knight of Glin was a man of ancient and honourable lineage, and was held in high esteem and consideration in Ireland. He was possessed, as he (Mr. Blake) believed, of an ample fortune; but it would be both just and politic to make a man of his position feel, and to show the public also, that even in the assertion of his supposed rights he could not be suffered to do an illegal and arbitrary act. He hoped, in conclusion, that the Solicitor General would give an assurance that the matter would receive the attention of the Government.

THE SOLICITOR GENERAL FOR IRELAND (Mr. CHATTERTON)

said, the memorials referred to by the hon. Member for Waterford had been received by the Irish Government, who had inquired into the circumstances, and had received replies to the memorials contradicting to a great extent the statements they contained. The conclusion that had been arrived at by the Government was that the question was purely one of private right of property, and not one of public right, as between the parties. It was stated that there was as much force used on the one side as had been used on the other. The Knight of Glin alleged that the complaining parties had themselves committed an outrage. Summonses and cross-summonses had been issued for the purpose of trying the question. A civil action also had been commenced, for the purpose of trying this question of private right. Under these circumstances, it was plain that this was not a matter in which the Executive Government of the country could with any propriety interfere.