The amendment to Section 18 is designed——
Private Members' Business. - Fisheries (Amendment) Bill, 1962— Committee Stage (Resumed).
The House has agreed to the amendment.
If the House has agreed to the amendment, there is no point in dealing any further with it.
Amendments Nos. 6 and 7 are cognate. Nos. 6, 7 and 8 could be taken together by agreement.
I move amendment No. 6:
In page 9, line 25, to delete "Act or of an instrument made under this Act" and to insert "Act or any Act amending this Act or of an instrument made under this Act or any Act amending this Act".
The purpose of these amendments is merely to clarify that the section applies not only to an offence under the Fisheries (Consolidation) Act, 1959, but also under any Act amending that Act including this Bill. Any offences under an instrument made under this Bill or the other Acts are covered. It is purely a drafting amendment.
I move amendment No. 7:
In page 9, line 36, to delete "Act (other than Part XIII)" and to insert "Act or any Act amending this Act or of an instrument made under this Act or any Act amending this Act".
I move amendment No. 8:
In page 9, line 48, to delete "was without his knowledge or consent.' " and to insert:
"was without his knowledge or consent.
() This section does not apply to offences under Part XIII of this Act or section 34 of the Fisheries (Amendment) Act, 1962.' ”
I move amendment No. 9:
In page 11, lines 46 and 47, to delete subsection (6) and to insert the following subsection:
"(6) In this section `inspector'—
(a) in the case of the exercise by an inspector of powers under this section in the Moville Area, means an inspector appointed under section 55 of the Foyle Fisheries Act, 1952, and
(b) in any other case, has the meaning assigned to it by Part X of the Principal Act;
`Part X licence' has the meaning assigned to it by Part X of the Principal Act."
I move a drafting amendment to amendment No. 10:
To insert a comma and the word "prescribed" after the word "applies" and to delete the word "prescribe" from paragraph (a).
The word "prescribe" is intended to refer to the four categories, (a), (b), (c), and (d).
I move the amended amendment No. 10:
In page 11, before subsection (2) to insert the following subsection:
"() An order under this section restricting or otherwise controlling fishing for salmon may, as respects any particular place to which the order applies, prescribe—
(a) the classes of persons to whom there may be issued fishing licences within the meaning of the Principal Act for fishing for salmon in that place, the classes of boats and the kind of fishing engines in respect of which such licences for fishing in that place may be issued,
(b) the maximum number of such licences which may be issued in any year by the board or boards of conservators for that place,
(c) the time and manner of application for such licences, and
(d) the manner in which such licences shall be allocated in any case where the number of valid applications for licences to a board of conservators for that place in any year exceeds the number prescribed under paragraph (b) of this subsection in respect of that year in relation to that board,
and, notwithstanding anything contained in the Principal Act, a fishing licence shall not be issued in contravention of a provision of an order under this section."
I move amendment No. 11:
In page 12, lines 13 and 14, to delete "(within the meaning of the Foyle Fisheries Acts, 1952 and 1961)".
I move amendment No. 12:
In page 12, lines 31 to 46, to delete subsection (2) and to insert the following subsection:
"() Any person guilty of an offence against a bye-law in relation to which subsection (2) of section 9 of the Principal Act applies and which is made before the commencement of this section shall (notwithstanding anything contained in the said subsection (2)) be liable on summary conviction, in lieu of any fine provided for by the bye-law but in addition to any forfeiture provided for therein, to a fine not exceeding twenty-five pounds, and any fish illegally taken by him or in his possession at the time of the offence, shall, as a statutory consequence of conviction, stand forfeited."
I move amendment No. 13:
In page 13, before subsection (7), to insert the following subsection:
"() Where a person is convicted of an offence under the Principal Act or any Act amending the Principal Act in relation to which provision is not made (apart from this section) for the forfeiture on conviction of any fish in respect of which the offence is committed, any fish in respect of which the offence is committed shall, as a statutory consequence of conviction, stand forfeited."
I move amendment No. 14:
In page 15, before section 35, to insert the following new section:
"Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to anything previously done thereunder."
The purpose of this amendment is to insert a new section before Section 35. It is proposed to meet the wishes expressed by Deputy Dillon and Deputy Flanagan on Second Reading when they made the point that there was no provision in the Bill as it stood to provide for every order made by the Minister under the applicable sections being laid on the Table of the House. This amendment makes it mandatory that any such orders must be laid on the Table of the House for examination. I think it meets the views which were expressed.