HC Deb 23 April 1888 vol 325 cc150-1
MR. ANDERSON (Elgin and Nairn)

asked the Lord Advocate, Whether, having regard to the provisions of 7 & 8 Vict. c. 95, fishermen on the sea coasts of the Moray Firth or Firth of Forth, who take salmon outside one mile from low water mark, are subject to any penalty; whether in the above Firths or elsewhere on the coast of Scotland the Crown or their lessees claim any and what right to prevent the taking of salmon beyond the mile specified in 7 & 8 Vict. c. 95; and, if any right is claimed, what is the nature of the right; to what distance seaward does it extend; has it ever been exercised; and, if so, how?

THE LORD ADVOCATE (Mr. J. H. A. MACDONALD) (Edinburgh and St. Andrew's Universities)

The points of the hon. Member's Question are almost all points of law, and I cannot undertake to answer them. But I may point out to the hon. Member that the Act 7 & 8 Vict. c. 95, is not restrictive of the rights of the Crown, or those deriving right from the Crown, as it expressly declares that nothing contained in it shall affect the rights of the Crown, or the right vested in any proprietor to prevent any person from fishing, either within or beyond the one-mile limit. The purpose of the Act was to give a summary and penal remedy within that limit. I may add that no right of the Crown or proprietor can extend beyond the limit to which the territory of the Crown extends seaward.

MR. ANDERSON

asked, whether the fishermen were not entitled to have defined by the Law Officers of the Crown the rights of the Crown to the salmon fishings; because it was well known that difficult questions had arisen between the proprietors and fishermen on the coast?

MR. J. H. A. MACDONALD

I am quite ready to give my hon. Friend unofficially any guidance I can; but I am not prepared to give an opinion on points of law in this House, I have stated that the rights of the Crown, or those of the proprietors, are not limited by the Act to which he has referred. Those rights extend beyond the international rights.

MR. ANDERSON

In consequence of the unsatisfactory answer, and the unsatisfactory way in which Scotch Business is conducted in this House, I shall in Committee of Supply call attention to this question, and move to reduce the salary of the right hon. and learned Gentleman.