HC Deb 21 December 1893 vol 20 cc91-3
MR. WEIR

I beg to ask the Secretary for Scotland whether his attention has been drawn to the prosecution at Dingwall, on the 12th instant, of John M'Lean, crofter fisherman of Letter, Roderick Maclennan, of the same place, and Alexander Mackenzie, for alleged salmon poaching, on the 10th July last, in au arm of the sea a mile distant from the mouth of the River Broom; and that, in their absence, the defendants were sentenced to pay a fine of £2 10s. each, inclusive of costs, or in default seven days' imprisonment; whether he will state the reason why proceedings were delayed until 12th December; whether he is aware thst John M'Lean is 80 years of age, bent almost double, that Roderick Maclennan is 60 years of age, and that Alexander Mackenzie is a cripple, 25 years of age; is he aware that, the men were fishing for herrings for bait, and that no trout were found in the boat; that, although M'Lean gave orders to throw back into the sea any trout found in the net, the estate officials seized the net and threw the trout on shore, and cut a square of 16 loops out of the net; and that the net was meshed for herring and not for salmon; is he aware that Sheriff Hill refused the application of the solicitor of Dingwall for the defendants for a postponement of the trial, regardless of the fact that, owing to the shortness of the notice given, he (Mr. McRitchie) had neither received his instructions nor a copy of the citation; can he explain why, seeing that the defendants live nearly 50 miles from the Dingwall Court House and over 30 miles from the nearest railway station, the summonses were issued only two days before the date of trial; why, and by what authority, did the estate officials injure the men's net by cutting a square of 16 loops from it; and will he say whether he will cause immediate inquiry to be made into the case; and whether, pending inquiry, further proceedings will be stayed?

SIR G. TREVELYAN

I have referred the matter to the Crown Agent for inquiry, but there has not been sufficient time for him to obtain the necessary information. I will answer the hon. Member if he will repeat his question next week.

MR. WEIR

I should like to point out that the question as originally drawn gave the name of the prosecutor, Mr. —

MR. DEPUTY SPEAKER

Order, order! It is not according to the Rule to allow such names to be mentioned in the question, and therefore it was cut out.

Mr. WEIR

Will all action against these poor people be stayed?

SIR G. TREVELYAN

That cannot be done unless on well ascertained grounds.

MR. WEIR

Under what Standing Order of the House is it permissible to insert defendants' names in a question and not permissible to give the prosecutor's name?

[No answer was given.]

DR. MACGEEGOR (Inverness-shire)

Do the Government contemplate an early amendment of the Game and Fishery Laws, so as to remedy the injustice now going on in the country?

SIR G. TREVELYAN

We have not had such good fortune with our Fishery Bills as to induce us to promise any further legislation.