HC Deb 27 January 1982 vol 16 cc881-2
11. Mr. Russell Johnston

asked the Secretary of State for Scotland how many cases have been brought against trawlers fishing illegally within the three-mile limit in the last 10 years.

Mr. Younger

A total of 332 cases.

Mr. Johnston

When will the Government consider repealing the law as established in the Dingwall court decision in 1979, which has had the effect of opening inland waters to the predatory attentions of trawlers and changing what had been understood to be the law since the beginning of the century in what appears to be a wholly capricious fashion?

Mr. Younger

I do not think that it would be sensible to restore the legal position to what it was thought to be prior to that decision. I think that it is widely accepted that the whole body of legislation on inshore fishing is in need of revision. I should prefer to await the outcome of current consultations with the industry before formulating firm proposals for a comprehensive new regime for inshore fisheries.

Mr. Henderson

Does my hon. Friend agree that the subsantial number of cases suggests that courts do not impose sufficiently stiff penalties to discourage this kind of activity?

Mr. Younger

I do not fully agree with my hon. Friend, as the number is not exceptionally large, but very much in line with the number over the years, which is a measure of the effectiveness of our fishery protection services.

Mr. Donald Stewart

Is the Minister aware that the position is exactly as described by the hon. Member for Inverness (Mr. Johnston) and that all fishing communities recognise that the decision has allowed illegal trawling to take place with impunity, as nobody can prove whether vessels are trawling at half-water depth or on the bottom? Is he aware that unless that decision is reversed, through new legislation, there will be no protection for the inshore waters?

Mr. Younger

There may be a need for new legislation once we have received the comments of all sections of the industry. However, I think that the right hon. Gentleman will agree that there are conflicting interests and that we cannot make everything perfect for both the inshore mobile fishing industry and the inshore static fishing industry. We must try to take account of the interests of both.