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APPENDIX IVAn Runai, An Roinn Iascaigh agus Foraoiseachta. I am directed by the Chairman of the Joint Committee, Mr. Mervyn Taylor, T.D., to refer to the Wildlife Act, 1976 (Birds of Prey) Regulations, 1984 (S.I. No. 8 of 1984). In relation to Article 4(2) I am to ask if there are any statutory provisions governing the circumstances in which a licence may be revoked and whether such revocation is entirely at the Minister’s discretion. It is noted that the Minister may require a licensee to dispose of birds “in such manner as the Minister shall specify in writing” when the licence is revoked or expires. As the Minister appears to be assuming an unlimited discretion in this regard I am to ask for the guidance of the Joint Committee what instructions for the disposal of birds is given in practice in such circumstances. T. DWAN. Cleireach an Chomhchoiste. 25 Aibrean, 1985. T. Dwan Clerk of the Joint Committee on Legislation Leinster House Dublin 2 I refer to your recent correspondence concerning the Wildlife Act, 1976 (Birds of Prey) Regulations, 1984 (S.I. No. 8 of 1984) and to say that the Minister’s power to revoke a licence granted by him under the Regulations is contained in section 9 of the Wildlife Act, 1976. Revocation is entirely at the Minister’s discretion. There are no standing instructions, as such, governing the disposal of a bird of prey at the Minister’s requirement in as much as the appropriate manner of a disposal in any given instance would be determined by a number of factors e.g. species, condition of specimen, chances of survival in the wild etc. To date, the Minister has not had the occasion to require the disposal of any such bird so that it is not possible to give a practical example. However, the main concerns underlying any requirement made in that behalf would be: (i)the welfare of the individual specimen and (ii)the conservation of species. D. O’Connor Principal 20 May 1985. |
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