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Dáil Éireann debate -
Thursday, 17 Nov 2005

Vol. 610 No. 3

Sea-Fisheries and Maritime Jurisdiction Bill 2005: Order for Second Stage.

Bill entitled an Act to revise with amendments Part xiii of The Fisheries (Consolidation) Act 1959 and The Maritime Jurisdiction Acts 1959 to 1988, to amend and extend the Fisheries Acts 1959 to 2003, the Mercantile Marine Act 1955, the Fishery Harbour Centres Act 1968, the Dumping at Sea Act 1996 and the Maritime Safety act 2005, to amend or repeal certain enactments and to provide for connected matters.

I do not agree to the Order for Second Stage on the basis that there was no prior consultation with the House, the relevant committee or the stakeholders. It was suddenly published and brought to a hastily arranged meeting of the Joint Committee on Communications, Marine and Natural Resources. At that meeting, all Members from the Government side strongly indicated they would oppose of the taking of this Bill as presented. For that reason, I want to take the opportunity to show to the fishing industry and the coastal communities how those Government Members will talk the talk but not walk the walk and will support the Government's legislation.

The Bill is inappropriate, ill-judged and a one dimensional approach to the management of our valuable fish resources. The Bill is perceived to be about consolidating law and remedying constitutional deficiencies but has been hijacked. However, it is a totally different Bill that takes the opportunity of legislation to bring in wholly unwarranted provisions and curtailments on citizens' rights of redress. The Bill is opposite to what is needed in this industry. It highlights how the Government is disinterested, in disarray and at loggerheads with itself as to fisheries policy.

The Green Party opposes the Order for Second Stage on the grounds that the Bill has been subject to consideration outside of the House. There is uncertainty about the Bill's nature and whether what has been presented to us is what the Government intends. It is being presented by the Department of Communications, Marine and Natural Resources whose Ministers seem to be in open warfare. Yesterday, on Question Time, there were at least six seats between the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, and the Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Gallagher. Now they are sitting together so maybe they had an opportunity to talk overnight.

At least we were in the House, unlike the Deputy. Deputy Boyle could not bring himself to sit down beside some of his Green Party colleagues.

This Bill shows the Government's lack of credibility in this area.

On behalf of Sinn Féin, I concur with the case put by Deputy Broughan. We will be supporting the division we anticipate he will call.

I am rather surprised by this. The Opposition had notice of this Bill for some time. Last June, we were requested to give the Joint Committee on Communications, Marine and Natural Resources an opportunity to discuss it before it was published. We deferred publication from the end of June or early July to the end of September as the House did not sit and the Bill could not be taken. The committee undertook to meet on 12 September to discuss the Bill.

We saw the Bill once and the next day it was discussed by the committee.

The Minister without interruption.

For one reason or another, the committee members could not get together. This Bill is necessitated by several Supreme Court decisions which have seriously affected this country's ability——

It is the Government's fault.

There was no consultation.

The Minister without interruption.

—— to implement European common fisheries law.

That is not the case in Europe.

The Bill brings together seven Acts of the Oireachtas relating to the issue that are already in place. If the Deputies opposite wish to filibuster and delay it——

The Deputies behind the Minister have the same opinion.

The Minister should talk to his own party members.

There was no consultation.

——they can take full responsibility for the consequences to the Irish taxpayers.

As always.

Do not talk of the Irish taxpayers in such a fashion.

The taxpayers did not want it.

There was no consultation.

If the legislation is not passed there will be serious implications for Irish taxpayers.

There was no consultation.

I am surprised the Green Party, which has given many lectures about conservation of fisheries, is taking this attitude and wishes to delay the legislation.

The Minister does not have the authority to dictate our party policy.

Question put.
The Dáil divided by electronic means.

As a teller and given that the Fianna Fáil backbenchers are very anxious to demonstrate their positions publicly and clearly on this matter, under Standing Order 69 I propose that the vote be taken by other than electronic means.

Why? We have already voted.

As Deputy Stagg is a Whip, under Standing Order 69 he is entitled to call a vote through the lobby.

Question again put: "That Second Stage be taken now."
The Dáil divided: Tá, 63; Níl, 48.

  • Ahern, Dermot.
  • Ahern, Noel.
  • Andrews, Barry.
  • Ardagh, Seán.
  • Brady, Johnny.
  • Brady, Martin.
  • Browne, John.
  • Callanan, Joe.
  • Carey, Pat.
  • Carty, John.
  • Cassidy, Donie.
  • Coughlan, Mary.
  • Cregan, John.
  • Cullen, Martin.
  • Curran, John.
  • de Valera, Síle.
  • Dempsey, Noel.
  • Dempsey, Tony.
  • Dennehy, John.
  • Devins, Jimmy.
  • Ellis, John.
  • Fahey, Frank.
  • Fitzpatrick, Dermot.
  • Fleming, Seán.
  • Fox, Mildred.
  • Gallagher, Pat The Cope.
  • Glennon, Jim.
  • Grealish, Noel.
  • Hanafin, Mary.
  • Harney, Mary.
  • Haughey, Seán.
  • Hoctor, Máire.
  • Keaveney, Cecilia.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Killeen, Tony.
  • Kirk, Seamus.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • McDowell, Michael.
  • McEllistrim, Thomas.
  • Moloney, John.
  • Moynihan, Donal.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M. J.
  • Ó Fearghaíl, Seán.
  • O’Connor, Charlie.
  • O’Dea, Willie.
  • O’Donnell, Liz.
  • O’Donovan, Denis.
  • O’Flynn, Noel.
  • O’Keeffe, Ned.
  • O’Malley, Fiona.
  • O’Malley, Tim.
  • Parlon, Tom.
  • Power, Seán.
  • Roche, Dick.
  • Sexton, Mae.
  • Smith, Michael.
  • Wilkinson, Ollie.
  • Woods, Michael.
  • Wright, G. V.

Níl

  • Boyle, Dan.
  • Broughan, Thomas P.
  • Bruton, Richard.
  • Costello, Joe.
  • Cowley, Jerry.
  • Crowe, Seán.
  • Deasy, John.
  • Deenihan, Jimmy.
  • English, Damien.
  • Enright, Olwyn.
  • Ferris, Martin.
  • Gilmore, Eamon.
  • Gormley, John.
  • Hayes, Tom.
  • Higgins, Joe.
  • Higgins, Michael D.
  • Howlin, Brendan.
  • Kehoe, Paul.
  • Lynch, Kathleen.
  • McCormack, Pádraic.
  • McEntee, Shane.
  • McGinley, Dinny.
  • McGrath, Finian.
  • McGrath, Paul.
  • McHugh, Paddy.
  • McManus, Liz.
  • Morgan, Arthur.
  • Murphy, Catherine.
  • Murphy, Gerard.
  • Neville, Dan.
  • Ó Caoláin, Caoimhghín.
  • O’Dowd, Fergus.
  • O’Keeffe, Jim.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • Pattison, Seamus.
  • Perry, John.
  • Quinn, Ruairí.
  • Ring, Michael.
  • Ryan, Seán.
  • Sargent, Trevor.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Twomey, Liam.
  • Upton, Mary.
  • Wall, Jack.
Tellers: Tá, Deputies Curran and Kitt; Níl, Deputies Kehoe and Stagg.
Question declared carried.
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