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Dáil Éireann debate -
Tuesday, 3 Apr 2007

Vol. 635 No. 1

Foyle and Carlingford Fisheries Bill 2006: From the Seanad.

The Dáil went into Committee to consider amendments from the Seanad.

Amendments Nos. 1 to 4, inclusive, are related and may be discussed together.

Seanad amendment No. 1:

Section 4: In page 23, lines 11 to 25 deleted and the following substituted:

"(a) is granted under the Fisheries (Amendment) Act 1997,

(b) (i) is in force immediately before the day on which this Part comes into operation as respects the Louth Area, or

(ii) is the subject of an application to which section 53W(2) refers,

and

(c) authorises the doing of any act in the Louth Area,

but nothing in this section affects the operation of such a licence in relation to any area other than the Louth Area.

(2) Subject to section 53W(2), a licence to which this section applies shall, in so far as it authorises the doing of any act in the Louth Area, have effect on and after the day on which section 53A comes into operation as respects the Louth Area or from which the licence authorises the doing of any act, whichever as respects the licence concerned is the later, as if granted by the Commission under section 53A.".

The amendments before the House are largely of a technical nature and are necessitated by local law requirements. They do not impact on the Northern Ireland order in council that was recently passed by both Houses of Parliament in Westminster.

The Fisheries (Amendment) Act 1997 provides for an aquaculture licence regime in Ireland, although it does not apply in the Foyle area. These amendments take account of the fact it is possible that licences may be issued in the Louth area under the 1997 Act at the same time as provisions concerning aquaculture in this legislation are commenced. Aquaculture licences issued under the 1997 Act do not take effect for a period of one month from the date of publication of the decision to grant a licence. This is to allow persons aggrieved by the decision to appeal. The purpose of amendment No. 1 is to ensure this one-month period is retained so the right of an aggrieved person to appeal licensing decisions in regard to the Louth area is respected.

Amendment No. 2 ensures the appeals provision of the Fisheries (Amendment) Act 1997 will apply in the case of licences issued under the Act at the time of commencement of this legislation. On commencement of this legislation, licences issued under the 1997 Act are deemed to be licences issued by the Commission under this Bill. This amendment provides that in an instance where the one-month period for making an appeal is still ongoing after the commencement of this legislation and an appeal is made against the decision to grant the licence, the appeal shall be made in accordance with the provisions of the 1997 Act.

Amendments Nos. 3 and 4 are technical consequential amendments to take account of changes to the numbering as a result of the insertion of the new subsection (2) by amendment No. 2.

These amendments provide for the deletion of section 53V(2). Will the Minister of State explain the impact of this?

Amendment No. 2 ensures the appeals provision of the Fisheries (Amendment) Act 1997 will apply in the case of licences issued under the Act at the time of commencement of this legislation. The purpose of amendment No. 1 is to ensure a one-month period is retained in order to respect the right of an aggrieved person to appeal licensing decisions in regard to the Louth area. That position was provided under the 1997 Act and this amendment seeks to ensure it is retained.

Seanad amendment agreed to.
Seanad amendment No. 2:
Section 4: In page 23, between lines 35 and 36, the following inserted:
"(2) Where the Minister determines an application under section 10 of the Fisheries (Amendment) Act 1997 relating to the Louth Ara prior to the coming into operation of section 53A as respects the area to which the application relates, and the time for making an appeal under Part III of the Fisheries (Amendment) Act 1997 in relation to such a decision of the Minister has not expired at the date of such coming into operation of section 53A then any appeal from that decision of the Minister shall be brought under Part III of the Fisheries (Amendment) Act 1997.".
Seanad amendment agreed to.
Seanad amendment No. 3:
Section 4: In page 23, line 36 deleted and the following substituted:
"(3) Subject to subsection (4), the provisions of".
Seanad amendment agreed to.
Seanad amendment No. 4:
Section 4: In page 23, line 42 deleted and the following substituted:
"(4) Where, before the commencement of this".
Seanad amendment agreed to.

Acting Chairman

Seanad amendments Nos. 5 and 6 are related and may be discussed together.

Seanad amendment No. 5:

Section 4: In page 24, line 1 deleted and the following substituted:

"(5) Where the Commission is satisfied that".

These are technical amendments to correct drafting errors and are required in order to ensure the commission can decide an application which is transferred on commencement of section 53A of this Bill.

Seanad amendment agreed to.
Seanad amendment No. 6:
Section 4: In page 24, lines 2 and 3, "for the Minister to decide" deleted and "for the Commission to decide" substituted.
Seanad amendment agreed to.
Seanad amendment No. 7:
Section 9: In page 28, line 19, "section 10" deleted and“section 8” substituted.

This is a technical amendment to correct a typographical error in the text.

Seanad amendment agreed to.
Seanad amendment No. 8:
Section 32: In page 45, lines 29 and 30 deleted and the following substituted:
"(2) Subparagraph (1) (as renumbered by subsection (1)) of paragraph 2 of the Third Schedule to the Act of 1952 is amended by the insertion after clause(d) of the following clause:”.

Again, this is a technical amendment to take account of the renumbering in paragraph 2 of the Third Schedule of the Act of 1952.

Seanad amendment agreed to.

In regard to legislation the last time we left it we thought we had finished with it and it came back to us again. At the Joint Committee on Communications, Marine and Natural Resources the cathaoirleach and one of our spokespersons was going to look at the debate in the House of Commons in the order in council process. I am interested to know where that is at as we were trying to finish before the start of the partnership government in Northern Ireland. Obviously the legislation is very important for the Foyle and Carlingford fisheries. Along with the Single Market Bill on electricity it represents the tangible results of North-South co-operation in a very important area.

It is great to see the Executive in Northern Ireland. This is very important legislation which upgrades legislation which is 50 years old. There was a huge degree of urgency in regard to the amendments which were debated here and went back to the Seanad. I do not believe any new amendments had been tabled. Generally speaking when the Bill was before the House previously it was considered urgent to have what was discussed agreed. Given its ratification here it will take effect. As Deputy Broughan has said given that the new Northern Ireland Government will commence in May, has legislation been enacted by the House of Commons prior to the appointment of the First and Deputy First Minister?

The Westminster process is completed and following the passing of the Bill today it will go before the President. An order will have to be signed for commencement and that will be decided shortly.

I thank Deputies on both sides for their co-operation on this Bill and their recognition of the importance of its enactment in tandem with the equivalent legislation in Westminster. I wish to put on record my appreciation of the co-operation of Deputies and Senators in getting the Bill through the Houses very quickly. I thank also my officials for their support.

I note there is a reduction in funding for inland fisheries development. What funding will be advanced to the Foyle-Carlingford administrative bloc that is proposed to be built and what Exchequer funding will be provided for the development of this new agency?

I join with the Minister of State in thanking the civil servants for their original important briefings on this area and the help they gave us at the initial stages of the Bill.

It will be funded jointly. Once the development plan is available the funding will be made available.

Seanad amendments reported.

Acting Chairman

A message will be sent to the Seanad acquainting it accordingly.

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