Special Committee Wildlife Bill, 1975 díospóireacht -
Tuesday, 15 Jun 1976

SECTION 8.

Mr. T. J. Fitzpatrick (Cavan)

I move amendment No. 1a:

In page 8, subsection (2), to insert " (other than a purchase order within the meaning of section 55 of this Act)" before " made " in line 53.

Section 8 contains general standard provisions relating to the making of regulations and orders by the Minister under the Act. Subsection (2) provides for the amendment or revocation of orders made under the Act, subject to certain prerequisites contained in the various sections mentioned in the subsection.

The purpose of this amendment, which is really a technical one, is to make clear that purchase orders made by the Minister under section 55 are not intended to be comprehended by subsection (2) of section 8. In other words, as the subsection reads at present, it could, in my opinion, be interpreted as enabling the Minister to amend or revoke a purchase order made subsequent to agreement between a vendor and the Minister. This, of course, was never intended. If this literal or narrow interpretation were to be put on the subsection it would confer an unfair advantage on the Minister as against the vendor. The amendment is purely to clarify that.

Mr. Haughey

In other words, in the case of a third party being involved and agreement being reached, the Houses of the Oireachtas would have no power of revocation?

Mr. T. J. Fitzpatrick (Cavan)

That is so.

Amendment agreed to.

Mr. T. J. Fitzpatrick (Cavan)

I move amendment No. 2:

In page 9, subsection (4), to insert " by the Minister, other than an order under section 1 (2) or a purchase order within the meaning of section 55 of this Act," after " Act " in line 6.

Section 8, as I have already said, contains general standard provisions relating to the making of regulations and orders by the Minister under the Act.

Subsection (4) provides for the laying of every regulation and every order so made before both Houses of the Oireachtas.

The first purpose of this amendment is to exempt from the latter provision the order or orders bringing the Act into operation. Since, on enactment of the Bill, the Oireachtas will have passed the individual provisions of the Bill, it would be duplicating matters to have to lay the orders bringing the provisions into operation before the Oireachtas. It is provided here that all regulations and orders made by the Minister under the Bill shall be laid by the Minister before both Houses of the Oireachtas. It was never intended that the order bringing the Act into operation should be laid before each House of the Oireachtas because to do so would possibly entail a debate all over again on matters that had been dealt with. Therefore, the amendment proposes to exclude that order from a provision that it be laid before the Houses of the Oireachtas.

The second purpose of the amendment is to make unnecessary the laying of purchase orders made under section 55 before the Oireachtas. All such purchase orders will only be made where there is agreement between the owners of the land being acquired and the Minister, and in those circumstances there is no necessity to lay them before the Oireachtas for scrutiny. Therefore, the sole purpose of the amendment is to exclude the orders bringing the Bill into operation and to exclude purchases which will have been effected.

Mr. Haughey

I thought we were dealing with this amendment a while ago. What amendment, then, have we dealt with?

Chairman

The one on the white sheet of paper.

Mr. T. J. Fitzpatrick (Cavan)

Amendment No. 2 deals with the revocation of orders and regulations.

Mr. Haughey

But we are now handed an amendment in addition to the one that is on the green paper.

Chairman

This one has been circulated for some time as an additional amendment.

Mr. T. J. Fitzpatrick (Cavan)

It was circulated on May 28th. It has been dealt with and accepted.

Mr. Haughey

I find it confusing to be getting amendments on both green and white sheets of paper. However, both amendments are technical and their purpose is, first, that the order bringing the Act into operation is not subject to the laying before the Houses provision and, secondly, if land is acquired by agreement with the vendor, it, too, is excluded from this provision.

Amendment agreed to.

Question proposed: " That section 8, as amended, stand part of the Bill."

Mr. T. J. Fitzpatrick (Cavan)

As I have explained already, section 8 relating to the making of regulations contains general standard provisions and to the revocation and amendment of orders by the Minister under the Act. The Minister's general powers in the latter context are circumscribed somewhat in subsections (2) and (3); the degree of this is contained in the various sections mentioned. Subsection (4) provides for the laying of all regulations and orders before the Oireachtas for scrutiny.

The power to amend or revoke regulations made under any Act of the Oireachtas is contained in section 15 (3) of the Interpretation Act, 1937.

Mr. Haughey

On subsection (3), is the procedure here usual? It seems to me that if the Minister must consult somebody before making an order, he must, similarly, consult the same person or persons in order to revoke or amend the order.

Mr. T. J. Fitzpatrick (Cavan)

It is usual and the provision is desirable, as I think the Deputy will agree.

Mr. Haughey

Is the Minister satisfied that this obligation to consult various people before revoking or amending an order does not restrict him unduly in dealing with emergency situations?

Mr. T. J. Fitzpatrick (Cavan)

I do not think it would have that effect because the Minister is obliged only to consult. It is reasonable that in any emergency situation persons or bodies specified would be consulted.

Question put and agreed to.