Amendments Nos. 24 to 27, inclusive, under this section, and amendments Nos. 28 to 31, inclusive, under the following section, are cognate and may be taken together.
SECTION 52.
I move amendment No. 24:
In page 40, subsection (1) (b), line 21, to delete “, carcase or any other part” and substitute “or the carcase”.
Section 52 enables the Minister by means of regulations to prohibit, save under licence, the importation of such wild animals, wild birds or wild plants as are specified in the regulations. The provisions extend to parts of the birds, animals or plants in question.
Before making the regulations the Minister must consult the Minister for Agriculture and Fisheries because of his import functions under the Acts mentioned in subsection (5) including his acting as agent for the Minister for Health in relation to that Minister's functions under the Health Acts in relation to the importation of animals, including birds, which can cause the spread of infectious diseases in humans.
Section 53 contains similar provisions in regard to the export of fauna and flora.
Amendments Nos. 24 to 31, inclusive, are considered necessary because of our obligations under the "Convention on International Trade in Endangered Species of Fauna and Flora" to restrict imports and exports of endangered species of animals, birds and plants. The convention, commonly referred to as the Washington Convention, defines specimens of animals, birds and plants as extending to "any readily recognisable part or derivative" of them. As sections 52 and 53 stand, it could be argued that the reference to parts in those sections does not necessarily include derivatives. Consequently, I consider it necessary to clarify the position by moving these amendments.
Would that include seeds and eggs?
It would go further and include some ornaments such as are made from the antlers of deer. That would have to be specified and that would only be done in the case of abuse or if we had complaints from another country.
Can one be prohibited from sending shamrock to the US, for instance?
If it is a protected plant.
Would it prevent a fellow carrying a four-leaf shamrock?
What about a dead body?
A dead body is the whole body, entrails, the lot. The carcase is the dressed body.
It is already covered. Would there be a bit of overlapping in regard to existing law?
For disease purposes, and that is dealt with in another section which we shall be coming to later.
Amendment agreed to.
I move amendment No. 25:
In page 40, subsection (1), between lines 22 and 23, to insert the following paragraph:
"(c) any part, other than the carcase, or any product of a wild or wild bird which is a part or product so specified,".
Amendment agreed to.
I move amendment No. 26:
In page 40, subsection (1) (e), line 26, to delete ", roots or other part" and substitute "or roots".
Amendment agreed to.
I move amendment No. 27:
In page 40, subsection (1), between lines 26 and 27, to insert the following new paragraph:
"() any part, other than the flowers or roots, or any product of any such plant which is a part or product so specified.".
Amendment agreed to.
Question proposed: "That section 52, as amended, stand part of the Bill."
Are we clear that the section prohibits the importation of eggs?
It does. I refer the Deputy to subsection (1) (c).
It refers to "a species of wild animal or wild bird". What about tame birds?
This is the Wildlife Bill.
I was thinking of the composition written by a Donegal schoolboy once which referred to tame wild birds.
Have you any other problems with the section?
Question put and agreed to.