Dismissed manager of fisheries board to seek legal advice

A government-appointed commission is continuing its investigation into the affairs of the Southern Regional Fisheries Board, …

A government-appointed commission is continuing its investigation into the affairs of the Southern Regional Fisheries Board, following last week's dismissal of the board manager, Mr James Rogers.

Mr Rogers is taking legal advice on foot of the decision by the commissioner, Mr Seamus Keating. "The matter is in the hands of my lawyers," Mr Rogers told The Irish Times. He has been manager of the Clonmel-based board since 1981, and was suspended from duty last May.

Mr Keating, who was appointed under special legislation last year by the former junior marine minister, Mr Eamon Gilmore, advised the Minister for the Marine, Dr Woods, of his decision, and notified board members and staff in writing late last week. Day-to-day affairs of the board are being managed by an acting administrative officer, Mr Micheal O Cinneide.

The Minister has declined to comment, as it is an "employeremployee matter", according to a spokesman.

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The move is the latest twist in a long-running saga involving the board, which is one of seven regional fishery authorities. It is responsible for patrolling an 85mile coastline from Killeen Bay, Co Wexford, to Ballycotton Quay, Co Cork. Following an extensive Garda investigation in the southeast region dating back to 1995, two senior fishery inspectors were charged with criminal offences and were suspended on pay by the board in February 1996.

A Dublin Circuit Court jury was directed to find both men not guilty at the hearing two months ago. Both men continue to remain on suspension, the board has confirmed.

Statements made in Waterford Circuit Court in December 1994, and a separate, but related, report to gardai by a former board chairman, Mr Bill Lawlor, initiated the police investigation.

During that court hearing, Mr Michael Hickey (51), a Southern Regional Fisheries Board officer, spoke of victimisation of salmon fishermen and of "racketeering" by field staff. Mr Lawlor, who was also concerned about the claims, died suddenly the night before he was due to be interviewed by gardai, and several days before he was due to seek the suspension of certain inspection staff.

The racketeering claims made by Mr Hickey in response to questions from Judge Diarmuid Sheridan caused some surprise. Mr Hickey had no reason to be sympathetic to salmon fishermen. He had been attacked on four occasions by driftnet fishermen during patrols, and was in a wheelchair for some months following the last incident in July 1993.

His claims were denied by Mr Rogers, who told The Irish Times in early 1995 that they were based on a "misunderstanding, if not a malicious attempt to undermine the board". Mr Rogers welcomed the Garda investigation which ensued, but said he was entirely confident the allegations were untrue.

Mr Rogers also said that the investigation was initiated at his request - a claim disputed by the Garda team in Dungarvan, led by Insp Michael Blake.

A former board chairman, Mr Declan Hearne, and two TDs, Mr Des O'Malley (PD) and Mr Austin Deasy (FG), had tried to bring the matter to the attention of former marine ministers over a 14-year period. Mr Hearne, a driftnet fishermen and member of the board since 1959, served as chairman between 1982 and 1984, and 1986 to 1989. He was vice-chairman from 1991 to 1992.

Fishery officers working with the seven regional fisheries boards have wide powers to enforce salmon legislation. Officers can seize equipment, take records and samples, board craft and "use such force as is necessary" in bringing a boat to port. In 1989, a district judge in Youghal, Co Cork, warned that there would be fatalities if the bad feeling continued; at that time, clubs alleged to have been used by fishery officers against fishermen had been produced in court.

Mr Gilmore took action on the matter shortly after he was appointed to office in early 1995. He appointed a consultant, Mr Dermot Rochford, under amending legislation to carry out a report into the management and organisation of the board. Mr Gilmore then acted on that report's main recommendation - to appoint a commission under Mr Keating to assume key functions relating to management, protection and conservation duties. Mr Keating is a former Kerry and Galway county manager.

The board retained responsibility for all fisheries and angling development in the region, as well as for licensing and fisheries rates. The former junior minister also commissioned the first serious study of salmon management, which resulted in a new management policy being implemented this season for the first time.