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Seanad Éireann debate -
Tuesday, 23 Jun 1925

Vol. 5 No. 11

SEANAD IN COMMITTEE. - FISHERIES BILL, 1925—REPORT STAGE.

I submit the following amendments to this Bill:—

In Section 16, sub-section (3), before sub-section (3) to insert a new sub-section as follows:—

"(3) Any person who shall, after the expiration of two months from the commencement of this Part of this Act, buy any salmon or trout from any person whom he knows or has reason to believe to be selling the same in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds."

The object of this amendment is to meet an amendment suggested in Committee by Senator the Earl of Kerry with regard to getting penalties imposed on persons who buy illegally cought fish. There was a difficuty about the word "knowingly" and we have tried to meet it in this way.

Amendment agreed to.
Section 20, sub-section (2). To delete the word "give" in line 57 and to substitute therefor the words "send by registered post," and in line 58 after the word "notice" to insert the words "in writing."

The object of this amendment is to meet a point raised by Senator Love on the Committee Stage. He asked that notice of the revocation of a licence should be sent by registered post rather than be handed to a person and that the notice should be in writing.

Amendment agreed to.
New section. Before Section 21 to insert a new section as follows:—
21.—(1) Every holder of a licence or renewal of a licence issued under this Act for the sale of salmon or trout shall cause such licence or renewal to be displayed prominently in the place or one of the places to which such licence or renewal relates during business hours and where such licence or renewal relates to more than one place shall cause a copy of such licence or renewal to be so displayed in all such places other than the place in which such licence or renewal is so displayed.
(2) Lists of persons holding such licences as aforesaid shall be published at such times and places and in such manner and form as the Minister shall from time to time direct.

This is a corollary to amendment 1, for the holder of the licence or the renewer of the licence for the sale of salmon or trout. They "shall cause such a licence or renewal to be displayed prominently in the place or one of the places to which such licence or renewal relates." Also "lists of persons holding such licences as aforesaid shall be published at such times and places and in such manner and form as the Minister shall from time to time direct." The latter portion will have to be the subject of arrangement between my Department and the other Departments—the Post Office and the Department of Justice—as to the best place in which to have the lists posted up.

Amendment agreed to.
Section 21, sub-section (2). Before sub-section (2) to insert a new sub-section as follows:—
"(2) The prescribed particulars referred to in the foregoing sub-section shall not include the price paid by the holder of the licence or renewal for any salmon or trout purchased, received or sold by him."

The object of this amendment also is to meet the suggestion of Senator Love on the last occasion. He objected that prices should be disclosed to persons examining the invoices.

Amendment agreed to.
Section 22, sub-section (1). To add at the end of the sub-section the words "and shall also have marked thereon on a label affixed thereto the name and address of the consignor thereof."

Senator Brown had an amendment down on the last day which I have accepted subject to redrafting, and I feel the Senator will be quite satisfied with the amendment in its present form.

Amendment agreed to.
Section 26. Before sub-section (3) to insert a new sub-section as follows:—
"(3) Whenever the Minister by an order made under this section alters the boundaries of or subdivides any fishery district or unites two or more fishery districts, or creates a new fishery district, the Minister may by the same order or by a separate order (which he is hereby authorised to make) direct that all or any specified part of the moneys and other assets which at the date of the order are in the hands of the board of conservators of any fishery district affected by the order shall, subject to the liabilities of such board, be disposed of in such manner as the Minister thinks proper to direct and specify in such order, and when any such order is made the moneys and other assets to which it relates shall, subject to the said liabilities, be disposed of accordingly."

Sub-sections 1 and 2 of this section give the Minister power to make orders for altering the boundaries and so on, of fishery districts, uniting two or more fishery districts, or sub-dividing some fishery districts. We feel this amendment is necessary in order that the property of a board sub-divided by an order should be equitably divided between, say, two new boards created.

AN CATHAOIRLEACH

I wonder whether it might be better to have the words "subsequent" inserted instead of the word "separate" before the word "order": the words "by the same order or by a separate order" would be held to mean that both should be issued simultaneously. I think it would be better to have the word "separate" altered to "subsequent."

I accept that.

Amendment to the amendment agreed to.
Amendment, as amended, agreed to.
Section 27, sub-section (1). After the word "making" in line 57 to insert the words "revoking or varying."

This is a small amendment, necessary from the point of view of clarification rather than anything else. The statutes which originally dealt with the power of making by-laws provided specifically for revoking or varying them as well as for actually making them, and this particular sub-section deals with the order of transfer of those powers, so that from the point of view of preventing any doubts on the matter I would like to have these words in.

Amendment agreed to.
Section 27, sub-section (1). After the words "making" in line 63 to insert the words "revoking or varying."
Amendment agreed to.

If the Seanad has no objection to taking the Fifth Stage of this Bill now, it would be convenient, as I wish to have the Bill before the Dáil on Friday.

I move that the Standing Orders be suspended in order that the final stage of the Fisheries Bill, 1925, be disposed of.

I second the motion.

Question put and agreed to.
Bill received for final consideration and passed.
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