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IMEACHTA AN CHOISTE SPEISIALTAPROCEEDINGS OF THE SPECIAL COMMITTEEDéardaoin, 6ú Deireadh Fómhair, 1949.Thursday, 6th October, 1949.1. The Committee met at 11.30 a.m. 2. Present: Senator Goulding (Chairman); Senators Hawkins, Loughman, S. O’Farrell and Stanford. 3. The Committee resumed consideration of the Bill. (i) Postponed section 1. Government amendment proposed from the Chair: “To delete subsection (2) and substitute the following subsection:— ‘(2) This Act shall be included in the Acts which may be cited together as the Fisheries Acts, 1842 to 1949.’” Question put, and agreed to. Section, as amended, agreed to. (ii) Postponed section 3. Government amendment proposed from the Chair: “In subsection (1), page 5, line 27, to insert the words and figures ‘and the Act of 1949’ after ‘1877.’” Question put, and agreed to. Government amendment proposed from the Chair: “In subsection (1), page 6, between lines 4 and 5, to insert the following:—‘the expression “the Act of 1949” means the Fisheries (Amendment) Act, 1949 (No. 18 of 1949);’” Question put, and agreed to. Section, as amended, agreed to. (iii) Postponed section 13. Amendment proposed (Senator Stanford): “To delete subsection (1).” Question put, and agreed to. Amendment proposed (Senator Stanford): “In subsection (2), page 9, line 10, to insert after the word ‘salmon’ the words ‘at the mouth of any river or.’” Question put, and agreed to. Amendment proposed (Senator Stanford): “In subsection (3) to substitute the word ‘owner’ for the word ‘proprietor.’” Question put, and agreed to. Government amendment proposed from the Chair: “In subsection (5), page 9, line 24, to delete the words ‘shall be’ and substitute the words ‘shall, as a statutory consequence of conviction, stand.’” Question put, and agreed to. Section, as amended, agreed to. (iv) New section. Government amendment proposed from the Chair: “Before section 16, to insert the following new section:— ‘16. Subsection (3) of section 29 of the Act of 1939 is hereby amended by the deletion of the words “Where a notice has been served under subsection (1) of this section on the occupier of a fishing weir, and such occupier has not complied with the requirements of such notice, the following provisions shall have effect, that is to say:—” and the substitution in lieu thereof of the following— “Where— (i) a notice has been served under subsection (1) of this section on the occupier of a fishing weir, and (ii) either— (I) such occupier has not duly made, in relation to the notice, an application under subsection (2) of this section, or (II) such occupier has duly made, in relation to the notice, an application under the said subsection but the application has been refused, and (iii) such occupier has not complied with the requirements of the notice, the following provisions shall have effect, that is to say:—” ’” Question:—“That the new section be there inserted”—put and agreed to. (v) Postponed section 16 deleted. (vi) Postponed section 24. Government amendment proposed from the Chair: “In subsection (3), page 14, line 20, to delete the words ‘shall be,’ and substitute the words ‘shall, as a statutory consequence of conviction, stand.’” Question put, and agreed to. Section, as amended, agreed to. (vii) Postponed section 25. Government amendment proposed from the Chair: “In subsection (6), page 15, line 7, to delete the words ‘shall be’ and substitute the words ‘shall, as a statutory consequence of conviction, stand.’” Question put, and agreed to. Section, as amended, agreed to. (viii) Postponed section 29. Amendment proposed (Senator Hawkins): “In subsection (2), paragraph (c), page 16, line 37, to insert before the words ‘and such certificate’ the words ‘(which shall remain in force for such period as may be specified therein).’” Question put, and agreed to. Amendment proposed (Senator Hawkins): “In subsection (2), page 16, to delete paragraph (d) and substitute the following paragraph— (d) if— (i) the owner thereof is charged with an offence under this section in relation to that receptacle, and (ii) he proves that a certificate in respect of that receptacle was issued under paragraph (c) of this subsection and that since the issue of the certificate the suitable means specified therein remained available and had been used in the manner specified therein, and (iii) the certificate was in force on the date on which the offence is alleged to have been committed, then, the charge shall be dismissed.’” Question put, and agreed to. Section, as amended, agreed to. (ix) New section. Government amendment proposed from the Chair: “Before section 35, but in Part XI, to insert the following new section:— ‘35. In subsection (1) of Section 13 of the Act of 1949 there shall be inserted after the words “the Acts” the words “(Other than the Sea Fisheries Protection Act, 1933 (No. 53 of 1933) and the Sea Fisheries (Protection of Immature Fish) Act, 1937 (No. 33 of 1937)).” ’” Question:—“That the new section be there inserted”—put, and agreed to. (x) Postponed section 35 agreed to. (xi) New section. Government amendment proposed from the Chair: “Before section 43, but in Part XIII, to insert the following new section:— ‘43. References, in Part IV. of the Act of 1949, to the salmon fisheries enactments shall be construed as including references to this Act.” Question:—“That the new section be there inserted”—put, and agreed to. (xii) Postponed section 43. Government amendment proposed from the Chair: “In page 19, line 12, to insert the words and figures ‘the Act of 1949’ after ‘1944’.” Question put, and agreed to. Section, as amended, agreed to. (xiii) Postponed Schedule. Amendment proposed (Senator S. O’Farrell): “In column (3) opposite the reference to 5 & 6 Vic., c. 106 (the Fisheries (Ireland) Act, 1842), in page 19, to delete the entry relating to section 36, and substitute the following— ‘in section 36, all words from the words “If during the close season for salmon” to the words “was caught during the close season as aforesaid; and.” ’” Question put, and agreed to. Amendment proposed (Senator S. O’Farrell): “In column (3) opposite the reference to 5 & 6 Vic., c. 106 (The Fisheries (Ireland) Act, 1842), in page 19, to delete the entry relating to section 66, and substitute the following— ‘in section 66, all words from the words “no person shall, in the freshwater portion,” to the words “knots; and” and the word “such” (where it occurs);.” Question put, and agreed to. Amendment proposed (Senator S. O’Farrell): “In column (3) opposite the reference to 11 & 12 Vic., c. 92 (The Fisheries (Ireland) Act, 1848), in page 20, to delete the entry relating to section 22, and substitute the following— ‘in section 22, all words from the words “such forfeitures and penalties to be proceeded for” to the end of the section;’” Question put, and agreed to. Amendment proposed (Senator S. O’Farrell): “In column (3) opposite the reference to 13 & 14 Vic., c. 114 (The Fisheries (Ireland) Act, 1850), in page 20, to delete the entry relating to section 36, and substitute the following— ‘in section 36, all words from the words “and any person found taking fish” to the end of the section;’” Question put, and agreed to. Government amendment proposed from the Chair: “In column (3) opposite the reference to 26 & 27 Vic., c. 114 (The Salmon Fishery (Ireland) Act, 1863), in page 20, to delete the entry relating to section 12, and substitute the following— ‘rules (1) and (4) of section 12;’” Question put, and agreed to. Amendment proposed (Senator S. O’ Farrell): “In column (3) opposite the reference to 26 & 27 Vic., c. 114 (The Salmon Fishery (Ireland) Act, 1863), in page 20, to delete the entry relating to section 22, and substitute the following— ‘in section 22, all words from the words “Nothing in this Act contained shall apply” to the words “scientific purposes; and”;’” Question put, and agreed to. Amendment proposed (Senator S. O’ Farrell): “In column (3) opposite the reference to No. 17 of 1939 (The Fisheries Act, 1939), in page 21, to delete the entry relating to sections 36 and 47, and substitute the following— ‘section 47;’” Question put, and agreed to. Schedule, as amended, agreed to. (xiv) Postponed title. Government amendment proposed from the Chair: “In page 5, line 12, to insert after the word ‘unnecessary’ the words ‘and to amend the said enactments in certain respects.’” Question put, and agreed to. 4. Draft Report brought in by the Chairman (Senator Goulding) read a first and second time, and passed as follows:— The Special Committee has gone through the Bill and has made amendments thereto and has amended the Title as follows:— BILL ENTITLED AN ACT TO FACILITATE THE INTENDED CONSOLIDATION OF THE ENACTMENTS RELATING TO FISHERIES BY REVISING AND CLARIFYING CERTAIN OF THE SAID ENACTMENTS AND REPEALING CERTAIN OF THE SAID ENACTMENTS WHICH HAVE CEASED TO BE IN FORCE OR HAVE BECOME UNNECESSARY AND TO AMEND THE SAID ENACTMENTS IN CERTAIN RESPECTS. The Bill, as amended, is reported to the Seanad. Ordered: To report accordingly. 5. The Committee concluded its business at 12.10 p.m. |
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