§ 38. Mr. John MacLeodasked the Secretary of State for Scotland whether he will immediately enforce the Herring Fishery (Scotland) Act, 1889, as interpreted by the High Court of Justiciary in the case of Mortensen v. Peters, 1906, 5 Adam 121.
§ Mr. LeburnNo, Sir. This could not be done without extending the United Kingdom's fishery limits. The question whether we should seek to extend those limits is under review.
§ Mr. MacLeodWhy is the Scottish Office so coy about this? Is it not ridiculous that foreign ships can fish in waters in which our own fishermen cannot fish? Will the hon. Gentleman consult the Foreign Office and the Ministry of Agriculture about taking some action?
§ Mr. LeburnIt is not a question of the Scottish Office being coy. I remind my hon. Friend that the Government must take account of the position in international law. I think that my hon Friend knows that the then Financial Secretary to the Treasury, replying to a Question as long ago as 4th March, 1907, said that the Act of Parliament as interpreted by the High Court of Justiciary was contrary to international law. It is for that reason that the prohibition has not hitherto been enforced on foreign vessels.
§ Mr. GrimondCan the hon. Gentleman say on what authority the Government take it upon themselves not to enforce the declared law of the country or, alternatively, to declare that that law is wrong? So far as I know, there has never been an appeal against this decision, or any instrument, either legislative or statutory, to alter the position.
§ Mr. LeburnAll Governments since 1907 have held that this ruling was not in accordance with international law, and have acted accordingly.
§ Mr. HoyAs international law has changed considerably, especially in the last few years, can the hon. Gentleman tell us when we can expect a statement from the Government about British fishing limits?
§ Mr. LeburnI assure the hon. Gentleman that the matter is being kept under careful review.