§ Mr. PIRIEasked the Lord Advocate if his attention has been called to the case of Charles Durrant, trawl master, Aberdeen, who was convicted on 16th January last, at Lerwick, for illegal fishing off Fair Isle and sentenced to a penalty of £100 or sixty days' imprisonment on the evidence of Fair Isle fishermen, and without any expert nautical evidence being led on behalf of the prosecution; and, in view of the fact that since the conviction of Durrant a petition on his behalf has been presented to the Secretary for Scotland, signed by nearly the whole adult population of Fair Isle, asking for his release on account of the fact that he has been of assistance to the inhabitants of Fair Isle in bringing provisions and mails to the island, can he explain why the Secretary for Scotland should not give effect to this petition, as was done in the case of Albert Walkner, master of the stream trawler "Knowsie," convicted on the skilled evidence of the crew of the "Minna" of illegal fishing off St. Kilda, and who received a remission of his sentence on a petition from four natives of St. Kilda?
§ The LORD ADVOCATE (Mr. Ure)The petition in question has been received, and after the most careful inquiry a reply was sent to the effect that the Secretary for Scotland was unable to advise remission of the sentence. All such petitions are considered with special reference to the attendant circumstances of the individual case, and I would not be justified in entering into a discussion of the comparative merits of the two cases referred to by my hon. Friend.
Mr. CATHCART WASONDoes not the right hon. Gentleman think that it is now time to introduce a measure providing for the punishment of the real offenders, namely, the company, or owners, instead of the captain of the ship, who is sent to to do their dirty work?
§ Mr. PIRIEIs the right hon. Gentleman aware that no proper nautical bearings were taken in this case; and whether it is not desirable to have a nautical assessor to enlighten the sheriff on important nautical points?
§ Mr. UREAll the facts of the case were fully before the Sheriff Court, and the learned Sheriff most carefully considered them as I did myself.
§ Mr. PIRIEasked if the Lord Advocate's attention has been called to the case of the trawler "Sarah," of North Shields, whose master was charged with trawling 6½ miles within the Moray Firth limit on the 26th ultimo, and on whom a penalty was inflicted with the alternative of imprisonment; whether the trawl master, Captain Perry, who was sixty-one years of age and had been to sea for fifty-two years, had been master of a trawler for forty-five years, during the whole of which time he had never been within a court of justice; whether, having regard to the admitted fact that Perry's action on this occasion was largely due to inadvertence owing to the presence of three foreign trawlers or trawlers fishing under a foreign flag, who were fishing inside or still nearer the land than was the British trawler, this case can be reconsidered, or if the Government 404 propose any steps to end the anomalies of the present losses on these waters; and whether, in view of this and other facts, he still maintains his statement of last year that, as the result of the law to prevent foreign trawling in prohibited areas, such trawling has practically ceased?
§ Mr. UREMy attention has been called to the case in question. As the sheriff imposed only a modified sentence, it must be presumed that he took the special circumstances of the case into account. With regard to foreign trawling, my information is that it has greatly diminished since the Trawling Prevention Act came into force, but before a definite opinion can be formed it is clear that more time must elapse.
§ Mr. PIRIEDoes that answer tally with the right hon. Gentleman's statement before the Committee last year that foreign trawling has practically ceased? Is it not the case that there is one law for the politically many and one law for the politically few?
§ Mr. SPEAKERThe hon. Member had better reserve his speech.
§ Mr. PIRIEasked if the Lord Advocate would state the names and nationalities of the three trawlers whom the commander of the gunboat patrolling the Moray Firth visited on the 26th February, on the occasion when he placed Captain Perry of the North Shields trawler "Sarah," under arrest; and under what flag they were fishing, and at what distance from the land? I would beg the right hon. Gentleman not to say that to give an answer would not be in the public interest.
§ Mr. UREI am informed that there were two foreign trawlers in the vicinity on the occasion referred to by my hon. Friend, but it is considered inexpedient to give names or nationalities.
§ Mr. PIRIEMay I ask if this information is withheld on account of the complete exposure it would make of the Scottish Office?
§ Mr. URENo; it was withheld on the ground I have stated. I shall be very glad to communicate with the hon. Member privately when he gives the name of the flag.