The State (Devine) v Larkin

• Jurisdiction: Ireland
• Judgment Date: 01 January 1977
• Date: 01 January 1977
• Docket Number: [1975 No. 251 SS]
• Court: High Court

(H.C.)

The State (Devine)

and

Larkin

Extra-tèrritorial effect - Criminal law - Protection of fishery -Offences committed outside State - Power to approve regulations - Power not transferable by donee - Foyle Area (Control of Netting) Regulations, 1966 - Foyle Fisheries Act, 1952 (No. 5), s. 13 - Constitution of Ireland, 1937, Articles 3, 10, 15.

The Foyle Fisheries Act, 1952, contains provisions which protect the fisheries in the Foyle area. Part of that area lies within the State (the Republic of Ireland) and part of it is in Northern Ireland. Section 68 of the Act states that its provisions relating to offences apply to (a) acts within the State by any person and to (b) acts in the part of the Foyle area which is in Northern Ireland by persons resident in the State. Section 13 of the Act provides that the Foyle Fisheries Commission may, with the approval of the Minister for Agriculture and of the Ministry of Commerce for Northern Ireland, make regulations for the protection of the fisheries in the Foyle area, including regulations prohibiting the taking of fish and specifying the size of the meshes of nets which may be used in that area. Section 13 also provides that a person who contravenes any regulations made under that section shall be guilty of an offence against the Act of 1952. Regulations were duly made from time to time pursuant to s. 13 of the Act. In 1966 the Commission purported to make the Regulations of 1966 with the approval of the Ministry of Agriculture for Northern Ireland, and thereby to create certain offences and to revoke the former regulations. The prosecutor, who resided in the State, was convicted by the respondent District...