§ MR. JOYCE (Limerick)I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been called to the fact that certain 96 persons are claiming ownership of, and preserving to the exclusion of the public the fishing of, certain portions of the River Shannon, near Limerick, the former owners of which sent in claims to the Shannon Navigation Commissioners in 1838, and who received the amount awarded them in 1839; is he aware that the Commissioners in making those awards paid the full market value of each such fishery and fishing at that time; and will he say if such portions of the River Shannon are vested in the Irish Board of Works.
§ THE FINANCIAL SECRETARY OF THE TREASURY (Mr. VICTOR CAVENDISH, Derbyshire, W.)If the hon. Member will communicate to me privately what are the particular portions of the Shannon referred to in the Question, and who are the persons who are alleged to claim ownership and the right of preserving to the exclusion of the public, and in what form the claim is expressed, I will make inquiries of the Commissioners.
§ MR. JOYCEI beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he is aware that the Shannon Navigation Commissioners recommended that certain fishery rights should be reserved for the use of the public, but reserved the right to give permission to fish such places, and that those recommendations were adopted by several sections of the second and third of Victoria, chapter sixty-one; and will he instruct the officers of the Board of Works in Limerick to have notices posted on the banks of such parts of the river, notifying to the public that such parts are the property of the Board, and are free to the public to fish and navigate until further notice.
§ MR. VICTOR CAVENDISHAs regards the public right to navigate the River Shannon, Section 36 of the Act 2 and 3 Vic., cap. 61, declares that the "River Shannon is and for ever hereafter shall be to all intents and purposes a public navigable river," and goes on to provide that the public may have and enjoy free passage upon the river for their boats, barges, etc., on paying the rates and tolls and complying with the regulations of 97 the Commissioners. Section 44 of the same Act lays down that it shall be lawful for the River Commissioners from time to time to sell and dispose of or to demise for such term as to them shall seem expedient all fisheries and rights of fishing which are, under the provisions of the Acts or otherwise, vested in them. No section of the Act provides that any part of the River Shannon shall be reserved to the public to fish, and do not consider it necessary to issue such a notice as is suggested by the hon. Member.