§ Mr. JOHN O'DONNELLasked the Chief Secretary whether he is aware that a man named Martin Duffy, Cushlough, Ballinrobe, applied to the Galway Board of Conservators of Fisheries for a licence to use an eel net on 8th October, 1909, and was granted the same, for which he paid £1; that on the face of the licence it is stated that it is for use in Gap Eye or Basket in any weir for taking eels for 1909; that Martin Duffy, assisted by his brother Michael, proceeded to set the net in a stream running from Lough Cerra into Lough Mask, as he believed the licence authorised him to do so; that they were met by a fishery inspector, who seized the net, and informed them that they were not authorised to fish for eels in the stream; that Duffy on 17th October wrote the Conservators at Galway for a refund of the £1 paid under a misconception; that no reply was vouchsafed by that body and no refund made; that in addition to the seizure of his net and the loss of the money paid these men were prosecuted for illegally setting a net and fined £8, which was afterwards reduced by the Lords Justices to £3; that these men, being unable to read, were unaware of a by-law which appears to be in existence, and under which the prosecution was brought; and whether, taking all the circumstances of the case into account, he will have instructions issued that in future all such licences shall have this by-law printed in red ink on the face of each licence, that the fines be remitted to these men, who are wretchedly poor, that the net, which is valued at £4, be restored to them, and that the sum of £1 paid for a licence be also remitted to these people?
§ Mr. BIRRELLThe statements in the question agree with the reports furnished to me, save as to Duffy's letter to the Conservators about which I have no information. The suggestion that the by-law should be printed on each licence is impracticable. I have no power to remit fines; that is a matter which can only be dealt with by the Lord Lieutenant, on application, in the exercise of the prerogative of mercy. The law does not appear to provide for the refund of the Licence Duty.