Committee Reports > List of Committees > Dáil > 1976 > Special Committee on Wildlife Bill, 1975 > Report - Wildlife Bill, 1975

IMEACHTAÍ AN CHOISTE SPEISIALTA

PROCEEDINGS OF THE SPECIAL COMMITTEE

22 Meitheamh, 1976

22nd June, 1976

1. The Committee met at 3.45 p.m.

2. Members Present.

The following members were present:—

Deputy Esmonde (in the Chair), the Minister for Lands, Deputies Brennan, Daly, Barry Desmond, Haughey, Hogan O’Higgins, Kenny, Kitt, L’Estrange, John O’Leary, Pattison and Tunney.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Sections 14 and 15 agreed to.

(ii) Section 16.

Question: “That the section stand part of the Bill”, put: the Committee divided: For, 5; Against, 6.

For:—Minister for Lands, Deputies Esmonde, Hogan O’Higgins, Kenny and Pattison.

Against:—Deputies Brennan, Daly, Haughey, Kitt, John O’Leary and Tunney.

The Question was declared negatived accordingly.

(iii) Section 17.

Amendment proposed (Minister for Lands):

“In page 16, subsection (10), to insert‘, as amended by subsequent enactments,’ after ‘the Act of 1919’ in line 42.”

Amendment agreed to.

Section, as amended, agreed to.

(iv) Sections 18 to 20 inclusive, agreed to.

(v) Section 21.

Amendment proposed (Minister for Lands):

“In page 18, subsection (5), lines 35 and 36, to delete ‘scientific or educational purposes’ and substitute ‘such scientific, educational or other purposes as shall be specified in the licence’.”

Amendment agreed to.

Amendment proposed (Minister for Lands):

“In page 19, subsection (7), to insert ‘lawfully’ before ‘imported’ in line 3.”

Amendment agreed to.

Section, as amended, agreed to.

(vi) Section 22.

Amendment proposed (Minister for Lands):

“In page 20, subsection (5), lines 21 and 22, to delete paragraph (a) and substitute the following new paragraphs:

(a) while engaged in ornithology wilfully to disturb a protected wild bird, or

(b) while so engaged or engaged in agriculture, fishing or forestry unintentionally to injure or kill a protected wild bird, or’.”

Amendment agreed to.

Amendment proposed (Minister for Lands):

“In page 21, between lines 8 and 9, to insert the following new subsection:

‘(7) In any proceedings for an offence under this section in which it is alleged that the defendant wilfully disturbed a protected wild bird described in subsection (4) (e) of this section, it shall not be necessary for the prosecution to prove that at the time of the alleged offence the defendant was not engaged in ornithology’.”

Amendment agreed to.

Amendment proposed (Minister for Lands):

“In page 21, between lines 8 and 9, to insert the following new subsection:

‘(8) Proceedings for an offence under this section may be taken in any District Court District, and in case such proceedings are taken and apart from this section the Justice before whom the proceedings are brought would not have jurisdiction to hear and determine the proceedings, then for the purpose of conferring such jurisdiction the offence may be treated as having been committed within the District Court District to which such Justice is assigned’.”

Debate ensued.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 6.10 p.m. until 5 p.m. on Wednesday, 23rd June, 1976.