Dáil Éireann debate -
Tuesday, 23 Jul 1974

Vol. 274 No. 10

Committee on Finance. - Fisheries (Amendment) Bill, 1974: Report and Final Stages.

Question proposed: "That the Bill be received for final consideration."

Mr. Kenneally

When we discussed this matter last Wednesday we encountered some difficulty regarding extension of the life of the boards. The extension was for elected members only but we raised the matter of ex officio members. From inquiries I have made it appears there is a discrepancy in that ex officio and nominated members cannot lose their seats, irrespective of the wishes of the people who nominated them. This is a bad arrangement. The Bill proposes to extend the life of the boards and we expected that those who are members of boards for the past five years would hold their places for the coming year until the elections are held in October, 1974.

I have discovered that the ex officio members can be changed. There could be a problem for the boards, for instance, if someone wanted a militant member to be on the board. We realise that there will be many changes and, in fact, we do not know what the outcome will be. I suppose the Parliamentary Secretary can say that the Bill provides specifically for the elected members. We hope our suggestions will be borne in mind and I imagine there will be many more suggestions before the report of the board of the Inland Fisheries is implemented. We have no amendments and we agreed we would let the Bill through if the Parliamentary Secretary was prepared to clarify the position regarding ex officio and elected members.

Parliamentary Secretary to the Minister for Agriculture and Fisheries (Mr. M.P. Murphy)

Deputies raised questions on Committee Stage regarding the continuance in office of nominated and ex officio members. I said then it was not necessary to include any subsection in section 2 covering such continuance in office, as was asserted by Deputy Molloy and others.

By virtue of the wording of section 24 of the Fisheries (Consolidation) Act, 1959, the ex officio conservators hold office on the board so long as they are eligible and so long as there is a board in existence. This situation is not altered by the provisions of the Bill now being discussed. By virtue of section 36 of the 1959 Act, a similar situation obtains in the case of ex officio members who represent the ESB, and in accordance with the wording of section 37, a similar situation obtains in regard to the nominees of the ESB except that their term of office is only for one year from the day of the annual fishery rate is struck. It is not necessary for the ESB to renominate their nominees.

The question was raised regarding members with a valuation of £50 or more. Anyone with a fishery valuation of £50 or more is notified of meetings of the board. Apart from the valuation qualifications, there are no set rules. Persons with the required valuation present themselves at meetings. Section 52 of the Act requires that notice of the time and place of meetings be published by the boards. Deputies will see it was not necessary to have an additional subsection in section 2 of this Bill to continue in office the ex officio and nominated members. We had to accept the Act as we found it—it has been in existence since 1959—and it contains the provisions that these people had a right of office under the circumstances as outlined in sections 34, 36 and 37.

Mr. Kenneally

I hope we will have an opportunity of changing those rules and regulations.

Mr. M.P. Murphy

This Bill proposes to change them.

Mr. Molloy

Will the Parliamentary Secretary clarify the statement he made on the last occasion regarding the State ownership of fisheries? Is he preparing legislation to implement the ideas he expressed in the debate? Is legislation being prepared?

Mr. M.P. Murphy

I expressed myself quite clearly the last time. I do not think it is necessary for me to do so on the Report Stage of this Bill.

Mr. Molloy

I just wanted to know whether the Parliamentary Secretary was speaking as an individual or with the authority of his office, of the office of the Minister for Agriculture and Fisheries and of the Government in the statements he made in relation to the State acquiring ownership of all private fisheries in this country.

Mr. M.P. Murphy

The Parliamentary Secretary was speaking as Parliamentary Secretary here in the same way as any other Minister, Parliamentary Secretary or Deputy would address the House.

Mr. Molloy

He had no agreement with the Government?

Question put and agreed to.

Question: "That the Bill do now pass", put and agreed to.