§ For the purpose of the enforcement of the enactments relating to illegal trawling Sections twelve and fourteen of the Sea Fisheries Act, 1883 (which relate to powers 443 and protection of sea fishery officers) Shall apply as if they were herein re-enacted with the following modifications:
- (a) the expression "this Act" shall mean the aforesaid enactments, and any reference to an Order-in-Council shall not apply;
- (b) for any reference to a sea fishery officer there shall be substituted a reference to a superintendent of the herring fishery or other officer employed in the execution of the Herring Fishery (Scotland) Acts.—[The Lord Advocate.]
§ Brought up, and read the First time.
§ 10.52 p.m.
§ The LORD ADVOCATEI beg to move, "That the Clause be read a Second time."
I will briefly explain the purpose of the new Clause. In the Act of 1883 there are two Sections which are relevant to this Clause. Section 12 confers on sea fishery officers certain powers to deal with trawlers which they find engaged in illegal operations. Section 14 gives them immunity from liability for damages for action taken by them in forcing the trawler to obey their orders. The object of the new Clause is that these provisions should apply equally to herring fishery officers. In a recent fishery case counsel for the defence has raised the objection that these Sections did not apply; the court seems to have considered that they did, but it is desirable that the matter should be put beyond doubt. The new Clause does not introduce any variation in the existing law, but it is important that all doubts should be put at rest.
§ Question put, and agreed to.
§ Clause read a Second time, and added to the Bill.