Select Committee on Enterprise and Economic Strategy díospóireacht -
Tuesday, 25 Mar 1997

SECTION 20.

Mr. Gilmore

I move amendment No. 26:

In page 13, line 25, to delete "If a person" and substitute "Except as permitted by or under this Act, if a person".

In the Seanad debate, Senator Burke requested that authorised persons be specifically exempted from this provision so that they could enter any licensed site in the course of their duties and, for the avoidance of doubt. I have included the requested exemption. The issue arose because the section provides that no person can trespass, fish or otherwise interfere with anything done by a licensee pursuant to the licence without the permission of the licensee. The issue which arose was whether the section might be used to prevent, for example, officers of a regional fishery board entering onto a farm and to avoid doubt, I am exempting authorised persons from that provision.

Mr. Molloy

In regard to this and other sections under which persons are authorised to go into a farm for the purpose of carrying out an inspection, in some cases, particularly smaller enterprises, the office might be located in the owner's private house. Does the Minister of State not see a conflict in law if an authorised officer is given the right to enter a person's private home without a warrant or authorisation from the Garda authorities? Does he not consider that a serious intrusion into a person's privacy?

Mr. Gilmore

Deputy Molloy has a very discomfiting habit of jumping several sections ahead.

Mr. Molloy

I can see some similarities.

Mr. Gilmore

This section is prohibiting and making it an offence for persons to interfere with a farm. We are talking, for example, about the theft of fish from a fish farm. A person operating a farm can be assured that their farm is protected in law. The purpose of the amending provision is to make it clear that section 20 will not be used to prevent authorised officers or persons from entering onto that farm for the purposes given under the legislation, such as inspecting.

The issue Deputy Molloy mentioned arises under section 81, to which I am proposing an amendment which I think will clarify that issue.

Mr. Molloy

Will it apply equally in the case of section 20 in view of the change?

Mr. Gilmore

Section 20 says nothing about an office.

Mr. Molloy

It says "pursuant to a licence".

Mr. Gilmore

I do not mind addressing issues which actually arise but what Deputy Molloy is discussing does not arise under this section. This section is making it clear that if one owns a fish farm nobody can steal the fish or smash the cages — or trespass on the farm, except, as I have now clarified, where that person has an official function to perform under this Bill, such as carrying out inspections and other functions necessary to ensure the terms of the legislation and the terms and conditions of licences are complied with. This section does not refer to word processors operated in the box bedroom of the licence holder.

Mr. Molloy

It could refer to records.

Mr. Gilmore

It could in the licence itself.

Mr. Molloy

It refers to trespass, fishing——

Chairman

We are entering the realm of speculation.

Mr. Molloy

What the section covers is clear — it covers trespass, fishing or otherwise interfering.

Amendment agreed to.

Section 20, as amended, agreed to.