Special Committee Wildlife Bill, 1975 debate -
Wednesday, 20 Oct 1976

SECTION 49.

Question proposed: "That section 49 stand part of the Bill."

Mr. T. J. Fitzpatrick (Cavan)

The purpose of this section is to enable the court to revoke a wildlife dealer's licence in the event of his being convicted of an offence under the Bill when enacted. Subsection (1) specifies the provisions, namely, under section 31 offences involving the sale and so on of perching birds; and offences under section 69 (2) for contravention of current regulations relating to falconry, section 41, or the business of wildlife dealing, section 46.

Subsection (2) is a logical requirement in a situation where a licence issued by the Minister is revoked by a court. Moreover, the information will be necessary in connection with the Minister's power under section 50 to publish lists of licence holders or people whose licences have been revoked. I mentioned that in relation to one of the other sections.

Chairman

That is fairly clear.

Mr. Kitt

Could the person be the Minister himself?

Mr. T. J. Fitzpatrick (Cavan)

No. Once the court revokes he is gone, just as in the case of a driving licence.

Mr. Daly

There is no period in which he can apply to get the licence back.

Mr. T. J. Fitzpatrick (Cavan)

If it were revoked in the District Court he could appeal to the Circuit Court.

Mr. Daly

Assuming the licence is revoked, has he any power to come back?

Mr. T. J. Fitzpatrick (Cavan)

He would have to start all over again by applying to the next court.

Mr. Tunney

There is no question, there having been revocation of a licence, that that person is blacklisted. He could apply again.

Mr. T. J. Fitzpatrick (Cavan)

Of course, but the fact that he had done something that merited revocation of his licence would have to be taken into consideration.

Question put and agreed to.