HC Deb 17 March 1890 vol 342 c993
MR. ANSTRUTHER (St. Andrews)

I beg to ask the Lord Advocate whether his attention has been drawn to a decision of the Lord Justice Clerk, presiding in the Justiciary Appeal Court, in the case of "Lewis v. Ronton," as reported in the Scotsman of the 6th March; and whether the effect of the decision of the learned Judge (as so reported) is to annul the proviso of the 6th section of the Herring Fisheries (Scotland) Act, 1889, which provides that nothing therein contained shall affect the powers of the Fishery Board under the 4th section of the Sea Fisheries (Scotland) Act, 1885; and, if so, whether he will draw the attention of the Secretary for Scotland to the necessity of amending the Herring Fisheries (Scotland) Act, 1889, so that it may not seem to affect the powers of punishment for offences against the Sea Fisheries Acts, and against bye-laws of the Fishery Board, conferred by the Sea Fisheries (Scotland) Act, 1885?


My attention has been called to the decision mentioned by my hon. Friend. According to the construction adopted by the Court the combined effect of the Act of 1885 and the Act of last year in the matter of penalties is that the penalties prescribed by the later Act are now alone in force, even in the case of offences under the earlier Act. There does not seem to be any reason to consider that the former penalties were heavier than is necessary to be effective; and I hope that means may be found during the present Session to reinstate them in legislative force.


I shall ask leave, on Thursday, to bring in a Bill to amend the Scotch Fisheries Act of 1889.