HC Deb 02 September 1880 vol 256 cc1047-8
MR. A. M. SULLIVAN

asked the President of the Board of Trade, If he can state the reasons why, without consulting the Irish Attorney General and without the knowledge of that Eight honourable gentleman, the Board of Trade authorised Counsel to appear in the Dublin Courts in the matter of the Skerries foreshore litigation in the name of the Attorney General; whether it is the customary duty of the Crown Departments in such litigations to see that the public rights to foreshore are not infringed; and, whether he will now direct steps to be taken in the case of Skerries foreshore to prevent those rights from being prejudiced?

MR. CHAMBERLAIN

Sir, it is the duty of the Crown Departments, in litigation such as is referred to in this Question, to see that the public rights of foreshore are not infringed. There have been four actions in the case referred to by the hon. and learned Member. In the first, the then Attorney General consented to the prayer of the petitioner without reference to the Board of Trade. The second was unsuccessfully defended by the Board of Trade; and upon the third and fourth being commenced the Board of Trade were advised by the then Law Officers of the Crown that they could not be successfully contested. The consent of the late Attorney General was given on the 12th of April last, so that the present Attorney General was no party to the suit. It was by direction of the Vice Chancellor that at the last hearing the Attorney General was heard by counsel; and the Board of Trade had, therefore, no discretion in the matter.