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IMEACHTA AN CHOISTE SPEISIALTA.THE PROCEEDINGS OF THE SPECIAL COMMITTEE.Dé h Aoine, 22 Meitheamh, 1956.Friday, 22nd June, 1956.1. The Committee met at 3 p.m. 2. Members Present. The following members were present: Senator Ó Buachalla (in the Chair), Senators Cox, Douglas, Guinness, McCrea, Ó Ciosáin, Stanford and Walsh. 3. Consideration of Bill. The Committee resumed consideration of the Bill. (i) Postponed section 2. Government amendment proposed from the Chair: “In subsection (1), page 2, lines 39 and 40, to delete ‘any explosive or any substance’ and substitute ‘any substance (including an explosive)’.” Amendment agreed to. Government amendment proposed from the Chair: “In subsection (1), page 3, line 5, to delete ‘adjacent to the coast’.” Amendment agreed to. Government amendment proposed from the Chair: “To insert at the end of the section the following new subsection— ‘( ) For the purposes of the Acts and this Act, a fish shall be lawfully captured if, but only if, none of the circumstances (including the status of the captor) in which it was captured, taken alone or in conjunction with any other of those circumstances, constituted a contravention of any provision of the Acts or this Act, or any bye-law made under the Acts or this Act.’” Amendment, by leave, withdrawn. Section, as amended, agreed to. (ii) Postponed section 3. Amendment proposed (Senator Walsh): “In subsection (3), paragraph (e), page 3, line 37, to delete ‘an’ and substitute ‘a duly authorised’” Amendment, by leave, withdrawn. Section agreed to. (iii) Postponed section 6. Amendment proposed (Senator Walsh): “In subsection (1), paragraph (a), page 4, line 59, before ‘income’ to insert ‘fund or’” Amendment, by leave, withdrawn. Section agreed to. (iv) Postponed section 15. Government amendment proposed from the Chair: “In subsection (1), page 8, line 27, to delete ‘wilfully’.” Amendment agreed to. Government amendment proposed from the Chair: “In subsection (3), page 8, line 40, to insert ‘avoidable’ before ‘injury’.” Amendment agreed to. Section, as amended, agreed to. (v) Postponed section 16. Government amendment proposed from the Chair: “In subsection (2), paragraph (a), page 8, line 53, to delete ‘unlawfully captured’ and substitute ‘which was not lawfully captured’.” Amendment, by leave, withdrawn. Amendment proposed (Senator Walsh): “In subsection (2), page 9, to delete paragraph (b), lines 1 to 4.” Amendment, by leave, withdrawn. Government amendment proposed from the Chair: “In subsection (2), paragraph (c), page 9, lines 7 and 8, to delete ‘unlawfully captured’ and substitute ‘which was not lawfully captured’.” Amendment, by leave, withdrawn. Government amendment proposed from the Chair: “In subsection (2), paragraph (c), subparagraph (ii), page 9, line 15, to delete ‘in writing’ and substitute ‘in such form as the Minister may from time to time direct’.” Amendment agreed to. Government amendment proposed from the Chair: “In subsection (2), paragraph (c), subparagraph (ii), page 9, line 16, to insert ‘or by a person authorised by him in that behalf’ after ‘consignor’.” Amendment agreed to. Government amendment proposed from the Chair: “In subsection (2), paragraph (d), subparagraph (ii), page 9, line 21, to delete ‘caught’ and substitute ‘captured’.” Amendment agreed to. Government amendment proposed from the Chair: “In subsection (2), paragraph (d), subparagraph (iii), page 9, line 25, to delete ‘caught’ and substitute ‘captured’.” Amendment agreed to. Government amendment proposed from the Chair: “In subsection (2), paragraph (d), page 9— (a) in subparagraph (iii), line 27, to insert ‘and’ after ‘salmon’. (b) between lines 27 and 28, to insert the following new subparagraph— ‘(iv) he proves that otherwise the salmon was lawfully captured,’.” Amendment agreed to. Amendment proposed (Senator Walsh): “In subsection (2), paragraph (d), between lines 27 and 28 to insert the following new subparagraph:— ‘(iv) he proves that the salmon was purchased in good faith from a licensed salmon dealer or from the holder of a licence to fish with a rod and line for salmon’.” Amendment, by leave, withdrawn. Government amendment proposed from the Chair: “In subsection (2), paragraph (e), subparagraph (ii), page 9, line 32, to delete ‘caught’ and substitute ‘captured’.” Amendment agreed to. Government amendment proposed from the Chair: “In subsection (2), paragraph (e), subparagraph (iii), page 9, line 39, to delete ‘caught’ and substitute ‘captured’.” Amendment agreed to. Government amendment proposed from the Chair: “In subsection (2), paragraph (e), page 9, (a) in subparagraph (iii), line 39, to insert ‘and’ after ‘licence’, (b) between lines 39 and 40, to insert the following new subparagraph:— ‘(iv) he proves that otherwise the trout was lawfully captured,’.” Amendment agreed to. Amendment proposed (Senator Walsh): “In subsection (2), paragraph (e), between lines 39 and 40 to insert the following new subparagraph:— ‘(iv) he proves that the trout was purchased in good faith from a licensed salmon dealer or from the holder of a licence to fish with a rod and line for trout.’” Amendment, by leave, withdrawn. Government amendment proposed from the Chair: “Before subsection (3), to insert the following new subsection— ‘( ) if any person in a certificate signed by him and delivered to a common carrier under subparagraph (ii) of paragraph (c) of subsection (2) of this section makes any statement which is false, he shall be guilty of an offence under this subsection.’” Amendment agreed to. Government amendment proposed from the Chair: “In subsection (3), page 9, line 42, to delete ‘or (2)’ and substitute ‘(2) or (3)’.” Amendment agreed to. Section, as amended, agreed to. (vi) Postponed section 23. Amendment proposed (Senator Walsh): “In page 12, line 20, before ‘of’ to insert ‘of sections 10 or 11.’” Amendment, by leave, withdrawn. Section agreed to. (vii) Postponed First Schedule agreed to. (viii) Title. Government amendment proposed from the Chair: “In the long title to insert ‘and other enactments’ after ‘said enactments’ where the said expression last occurs.” Amendment agreed to. Title, as amended, agreed to. 4. Report of Committee. The Chairman brought forward a Draft Report which was read 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 AND OTHER ENACTMENTS IN CERTAIN RESPECTS. The Bill, as amended, is reported to the Seanad.” Draft Report agreed to. Ordered: To report accordingly. 5. Conclusion of Business. The Committee concluded its business at 4.35 p.m. |
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