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APPENDIX VI.Foyle Area Regulations.(i)An Rúnaí, An Roinn Talmhaíochta agus Iascaigh. I am directed by the Select Committee on Statutory Instruments to refer to the Foyle Area (Licensing of Fishing Engines) (Amendment) Regulations, 1968 which are expressed to have come into force on 26th February, 1968. The regulations were made by the Foyle Fisheries Commission on 19th February, 1968 and approved by the Ministry of Agriculture for Northern Ireland on 21st February, 1968 and by the Minister for Agriculture and Fisheries on 6th March, 1968. As the instrument purports to come into force before it was approved by the Minister for Agriculture and Fisheries the Committee must determine in accordance with its terms of reference whether the special attention of Seanad Éireann should be drawn to it on the grounds “that it purports to have retrospective effect where the parent Statute confers no express authority so to provide.” The Committee would appreciate the assistance of your Department’s observations in the matter. M. G. KILROY, Cléireach an Roghchoiste. 25 Deire Fómhair, 1968. (ii)An Rúnaí, An Roinn Talmhaíochta agus Iascaigh. The Select Committee on Statutory Instruments is obliged to consider whether there has been an unjustifiable delay in laying the following statutory instruments before Seanad Éireann:— Foyle Area (Rivers Finn and Foyle) (Close Season for Angling) Regulations, 1968. Foyle Area (Weekly Close Time) Regulations, 1968. Foyle Area (Close Season for Angling) (Mourne System) Regulations, 1968. Foyle Area (Licensing of Fishing Engines) (Amendment) Regulations, 1968. Foyle Area (River Finn Angling Authorisation) Regulations, 1968. The Committee notes that the latest date of signature appearing on the first three of the instruments named is 21st February, 1968, on the fourth 6th March, 1968 and on the fifth 13th March, 1968. All five instruments were laid before Seanad Éireann on 27th March, 1968. The Committee would welcome an explanation of the delay. In this connection I am to direct your attention to paragraph 13 of the First Report (T.152-Pr. 3001) of the Select Committee on Statutory Instruments dated 5th May, 1955. M. G. KILROY, Cléireach an Roghchoiste. 25 Deire Fómhair, 1968. (iii)Cléireach an Roghchoiste um Ionstraimí Reachtúla. In regard to your two minutes of 25 Deire Fómhair, 1968 about Regulations made by the Foyle Fisheries Commission under the Foyle Fisheries Act, 1952 I am directed by the Minister for Agriculture and Fisheries to state that the matters raised have been referred to officers of this Department who serve as Foyle Fisheries Commissioners. Their reply is as follows:— “(1) In regard to the Foyle Area (Licensing of Fishing Engines) (Amendment) Regulations, 1968, it was originally intended that a new Form of Application for a net licence would be prescribed as part of these Regulations and, as the Commission requires applications for net licences to be lodged by 1 March each year, it was proposed to have the instrument completed by and effective from a date in advance of 1 March. It was later decided, however, that a new Form of Application would not be prescribed and compliance with the time-table in mind was no longer necessary. Due to an oversight, however, the date on which the Regulations purported to come into force was allowed to stand at 26 February, 1968. The Regulations proposed changes only in relation to net licence duties and as net fishing operations do not legally commence until 1 May, and, as licences are not issued before 1 April, the date of coming into force of the Regulations did not require to be earlier than 1 April. (2) The Commission felt that, as these five Regulations were interrelated, they should be considered as a single operation. The instruments, were held, therefore, until the last one had been signed on 13 March, 1968. For this reason it is regretted that it was not possible to achieve presentation to Seanad Éireann earlier than 27 March.” The Minister’s approval for increasing licence duty for which the Regulations were required was accorded on 9 February, 1968, and in view of this and of the actual opening date for net fishing in the Foyle area it is considered that the question of retrospective effect does not arise in this case. M. P. O’SHAUGHNESSY. 5 Nollaig, 1968. |
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