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

Dé Céadaoin, 23 Meitheamh, 1976

Wednesday, 23rd June, 1976

1. The Committee met at 5.10 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) Section 22.

The following amendment had been proposed by the Minister for Lands on 22nd June:

“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’.”

Amendment agreed to.

Amendment proposed (Minister for Lands):

“In page 21, subsection (7), to insert ‘protected’ before ‘wild birds’ in line 22.”

Amendment agreed to.

Section, as amended, agreed to.

(ii) Section 23.

Amendment proposed (Minister for Lands):

“In page 22, subsection (7) (a), to insert‘, or in zoology or in any other scientific pursuit,’ after ‘forestry’ in line 44.”

Amendment agreed to.

Amendment proposed (Minister for Lands):

“In page 23, between lines 37 and 38, to insert the following new subsection:

‘(9) In any proceedings for an offence under this section it shall not be necessary for the prosecution to prove that any act constituting (whether in whole or in part) the alleged offence was done otherwise than while the defendant was engaged in agriculture, fishing or forestry, or in zoology or in another scientific pursuit’.”

Amendment agreed to.

Amendment proposed (Minister for Lands):

“In page 23, between lines 37 and 38, to insert the following subsection:

‘(10) 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’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) Sections 24 to 26 inclusive, agreed to.

(iv) Section 27.

Amendment proposed (Deputy Kitt):

“In page 24, subsection (1), to insert ‘or while the severity of weather conditions which caused the suspension remains’ after ‘order’ in line 40.”

Amendment, by leave, withdrawn.

Section agreed to.

(v) Section 28 agreed to.

(vi) Section 29.

Amendment proposed (Minister for Lands):

“In page 26, subsection (3), lines 1 and 2, to delete ‘under subsection (1) or subsection (2)’ and substitute ‘or renewal under subsection (1), subsection (2) or subsection (6)’.”

Amendment agreed to.

Amendment proposed (Minister for Lands):

In page 26, subsection (6), to insert ‘who when making the application makes a declaration referred to in subsection (1) of this section’ after ‘licence’ in line 33.”

Amendment agreed to.

Question proposed:—“That the section, as amended, stand part of the Bill.”

Debate ensued.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 7 p.m. until 3.45 p.m. on Tuesday, 29th June, 1976.