Extracts from a Memorandum for Government by the Department of the Taoiseach
'Fisheries of the River Foyle'

On the 17th April, 1950, there was circulated at the instance of the Taoiseach a Memorandum,¹ (dated 15th idem), submitted by the Attorney General on this subject, which was related directly to an earlier Memorandum (Dated 15th November, 1949)² furnished jointly by the Minister for Agriculture and the Attorney General dealing with the same matter, namely,

• the prospect of continued litigation where an appeal to the Supreme Court was pending at the suit of the Irish Society whose claim to an exclusive right of fishery in the tidal waters of the River Foyle had been rejected by the High Court in October, 1948, and
• the possibility of devising means whereby such litigation might be discontinued and the future conservation and user in reasonable degree of the valuable Foyle salmon fishery be assured.

1. The Government at a meeting on the 19th April, 1950, agreed -
   1. that the relevant administrative discussions which had been in progress between Messrs. Rush and Went (Department of Agriculture, Dublin) and Messrs. Robson and Edwards (Ministry of Commerce, Belfast) should be continued without commitment, subject to the stipulation that any proposal involving treatment of the Derry stretch of the Foyle as other than a public fishery be reserved for examination on a higher plane, as between the two Governments, and
   2. that no decision need yet be made about the suggestion said to have emanated from the Belfast officials, that they with the representatives of the Department of Agriculture be appointed by their respective Authorities to negotiate with the Irish Society for purchase of these fishery rights in the Foyle with which the Society are concerned.
2. The discussions among the four officials continued accordingly, and they satisfied themselves that in the physical sense the Derry stretch of the river could not be fished in the manner which has long prevailed in the stretch immediately upstream (i.e. from Carrigans to the Green Brae) wherein the ordinary type of draft net is the engine used. The catch in the Derry stretch has been made by means of three stake nets. It well may be that the proposed new Joint Authority will eventually find some way of ensuring the exploitation of the Derry stretch on a 'public' basis, but such change in procedure could not be effected at short notice especially where the Authority will, during the earlier stages of its work, have a heavy task in regularising fishery operations within the upstream section. Accordingly, the negotiators considered that the only practical way of dealing with the Derry stretch at the present juncture would be to make it subject to a transition period of three years during which it would be operated entirely at the discretion of the Joint Authority, who would be expected to submit within that period definitive proposals for a permanent solution of the problem involved.
3. By the 9th June, 1950, it had become evident that while the Belfast representatives were concentrating on the formulation of measures for the joint acquisition of the Foyle fishery rights by the two Governments at the least possible expense to the respective Exchequers, these officers were naturally not much concerned about what was to the Dublin negotiators a very important factor in the case, i.e. a basis for settlement of the pending litigation. In the course of preliminary conversations which took place early in 1949 between Mr. Dickson as agent for the Irish Society and officers representing, respectively, the Minister for Agriculture and the Attorney General, the solution proposed on behalf of the Irish Society comprised:-
   1. suitable arrangements whereby the valuable salmon fishery of the Foyle would be preserved from unrestrained exploitation and ultimate destruction,
   2. withdrawal by the Society of its appeal to the Supreme Court,
   3. payment by the Society of all its own law costs together with those of the two sets of special defendants who were parties to the proceedings in the High Court, but subject to the Attorney General agreeing to bear his own costs in these proceedings.

   It may here be mentioned that the Attorney General's costs have been estimated at approximately £10,000; and it is recalled that at paragraph 10 of the joint Memorandum submitted to the Government by the Minister for Agriculture and the Attorney General on 15th November, 1949, it was recorded that the loser of the appeal, if cast in costs as is usual, must face a burden estimated by the Society's lawyers at about £120,000.

4. So far as the Dublin negotiators could ascertain from those most competent to express an opinion on the point, it was far from certain that the Society's appeal would not succeed, and therefore they aimed at finding a formula for a settlement. At the same time they recognised the obvious disadvantages of an arrangement whereby a considerable sum would become payable by the Government as their share of the purchase price of the fishery rights linked with an implied obligation to forego costs to the amount of, say, £10,000. Accordingly, they pressed their Belfast colleagues to combine with them in 'bargaining' with the Society for acquisition of these fishery rights at the lowest possible figure but on condition that the Society would undertake to bear all the law costs (including those of the Attorney General). This 'bargaining' was a somewhat delicate operation so far as the Dublin negotiators were concerned inasmuch as they lacked specific authority and had to proceed 'without commitment' of their Principals.

   [matter omitted]

5. It was suggested by the Belfast representatives, and accepted as reasonable by their Dublin colleagues, that where all the negotiations undertaken by them had been conducted upon the broad lines settled originally in conversations between the respective Attorneys General, it would be desirable to have the progress so far obtained marked by an exchange of letters between the two Law Officers, the Attorney General for Northern Ireland to take the initiative in the matter. This suggestion was accepted and letters in suitable terms have passed accordingly.
6. The Irish Society have now intimated their somewhat reluctant acceptance of a settlement on the basis thus formulated by the negotiators; and the Attorney General having accorded the matter careful consideration, recommends the Government to express approval of the proposed transaction. He has been notified by the Attorney General for Northern Ireland that the Cabinet in Belfast have for their part already given the necessary approval.
7. The Attorney General also recommends approval by the Government of the related proposals as set forth in annexure 'A', all of which are acceptable to the Authorities in Belfast. Of course, any legislation contemplated on our part would be duly submitted in draft form to the Government.

Annexure A

1. All the fishing rights now held by the Irish Society in the tidal waters of the River Foyle are to be conveyed to the two Fishery Departments (in Dublin and Belfast, respectively) for a consideration of £100,000 to be contributed by the Governments of the Republic and of Northern Ireland in equal shares, it being agreed that the Irish Society will withdraw their appeal to the Supreme Court and bear the entire cost of the High Court proceedings.
2. There will be established a new Corporation to be known as the Foyle Fisheries Authority charged with the task of managing and conserving the fisheries in the catchment area of the Foyle.
3. The Authority will be composed of four officials, two to be appointed by each Fishery Department. Each of the two senior officers so appointed would act as Chairman for alternate spells, and the Chairman as such would have a casting vote at proceedings of the Authority.
4. The headquarters of the Authority will be at Strabane, but appropriate arrangements will be made for a branch office or offices at convenient points.
5. The Authority will be empowered by parallel legislation in Dublin and Belfast to issue orders for the regulation of the fisheries. These orders will be countersigned by both Departments, and no appeal would lie to the Courts in respect of them.
6. The Authority will manage the stretch of the river between Counties Donegal and Tyrone as a public fishery but during a transitional period of three years may deal at its discretion with the stretch wholly inside the territory of Northern Ireland.
7. The terms of acquisition to be specifically subject to prior clearance by the Irish Society of certain 'rights' of fishing in a short stretch of the river at the Green Brae area said to have been obtained by certain landowners on the basis of adverse possession and to have been acquiesced in by the Society in bygone years.
8. The complementary legislation to be enacted by the two Governments will be made to confer upon the two Departments jointly an indefeasible title to the fishing rights in the entire tidal waters of the River Foyle.
9. Preliminary legislation will be necessary in Westminster in order to enable the Northern Ireland Parliament to promote the requisite local legislation in the coming Autumn, so that the new Authority may be made ready to function as from 1st January, 1951, or as soon as possible thereafter. The Government at Westminster have intimated to Belfast that the necessary Bill might be put through all its stages by the end of July, but they are not prepared to introduce the measure until assured that the Governments concerned have come to terms with the Irish Society.
10. By way of giving the assurance sought by Westminster, while at the same time guarding against premature publicity, which might involve garbled accounts of what is happening - the negotiators have suggested the simultaneous release on the earliest date practicable by the Government in Dublin and Belfast of an announcement in the following terms
    

    'Fisheries of the River Foyle

    As the outcome of negotiations between the Governments of the Republic and of Northern Ireland with the object of evolving a scheme for the improvement of the salmon stocks and the general regulation of fishing throughout the entire area of the Foyle watershed, agreement has now been reached which provides for the acquisition by the two Governments jointly of all fishing rights in the tidal waters of the Foyle at present held by the Hon. The Irish Society. It is further proposed to set up a new joint Authority, upon which each Government would have equal representation, with responsibility for the regulation and conservation of fisheries within that watershed. The necessary legislation will be introduced in due course.'

11. As a corollary to the setting up of the new joint Authority, the Moville Board of Conservators and the Derry Board of Conservators will both be suppressed, all their powers being transferred to the new Authority.