Pearse Doherty (Donegal, Sinn Fein)
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522. To ask the Minister for Communications, Energy and Natural Resources if he will commence a ministerial inquiry into the decision by Inland Fisheries Ireland to issue and in some instances to subsequently withdraw summonses and legal proceedings initiated against a number of persons in regard to a dispute over fishing rights on the Gweebarra river in County Donegal; and if he will make a statement on the matter. [22770/17]

Seán Kyne (Galway West, Fine Gael)
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Last February, the Office of the Attorney General provided advice to my Department in the course of a review of the Inland Fisheries Act 2010. The advice identified that amending legislation is required to provide explicit powers to Inland Fisheries Ireland (IFI) to summarily prosecute offences under the Fisheries Acts and, consequently, a number of prosecution cases nationwide, including some related to the Gweebarra fishery, have had to be withdrawn. The withdrawal of cases, therefore, arises because of a technical issue with the 2010 Act. This issue impacts on all fisheries including the Gweebarra.  My Department advised IFI of the relevant position and amending legislation is being progressed as a matter of priority.

In the interim, all current provisions and offences of the Inland Fisheries Acts continue in full force and effect. Consequently, anyone who commits an offence remains liable to prosecution within the statutory time frame for initiation of legal proceedings.

Separately, the issue around fishing rights and title as regards the Gweebarra is entirely a civil matter. This issue is not connected with, or impacted by, the technical issue with the 2010 Act, which relates exclusively to criminal matters.  The withdrawal of criminal proceedings was not, as suggested by the Deputy's question, in regard to a dispute over fishing rights. 

As such, a conflation of the two issues could represent a misunderstanding of the situation and is likely to be misleading.  I am happy to clarify matters in that regard.  IFI is fully committed to the on-going protection of the Gweebarra fishery in accordance with the High Court judgement delivered on 19 December 2012.

I am also advised that anglers wishing to fish the Gweebarra fishery are required to have a valid licence and permit which are locally available.