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

SECTION 48.

Question proposed: "That section 48 stand part of the Bill."

Mr. T. J. Fitzpatrick (Cavan)

This section provides the machinery for issuing wildlife dealers' licences. In short, the District Court will grant a certificate of suitability on foot of which the Minister must issue the licence.

Subsections (1) and (3) give the District Court discretion to grant, or renew, certificates of suitability in respect of specified premises.

Subsection (2) provides that the period of validity of a licence will be as prescribed in regulations made by the Minister under section 46 (3) (b).

Subsection (4) obliges the Minister to issue or renew a licence to the holder of a certificate of suitability.

Subsection (5) lays down guidelines which the court may have regard to in considering applications for certificates, namely:

(a) the applicant’s suitability as a wildlife dealer having regard to the purposes of the Bill, that is, hunting laws, conservation of species;

(b) the ability of the applicant to comply with the Minister’s regulations governing the business of wildlife dealing, for example, premises, keeping of suitable records, and so on.

Subsection (6) is aimed at giving the Minister an opportunity, when an application for a certificate is being heard, to make representations to the court should circumstances so warrant. Such instances would probably be rare but, in view of the Minister's overall responsibility for wildlife conservation and so on, it is desirable that he should be able to make the court aware of any serious objection on his part to a particular application. The court will, of course, have the final word.

Subsection (7) is necessary to enable a change of premises to be properly recorded on a licence; this will be done by the court which granted the certificate of suitability rather than by the Minister, thereby eliminating the need for a "double" procedure.

Mr. Tunney

In the event of a licence holder misbehaving himself his licence can be suitably endorsed or can be withdrawn. Why then is there a need for subsection (6)? I note that the Minister said that he did not anticipate any great need for it. What are the special circumstances in which this subsection would apply?

Mr. T. J. Fitzpatrick (Cavan)

This would be in the case of a first time application where the Minister might be advised by an authorised officer or respectable people that the wrong type of premises was being licensed or the wrong type of person was being licensed and the Minister might wish to go into court to make his case and to point out his objections to a particular type of person or premises, but the last word rests, as I said, with the court.

Mr. Tunney

Is this in respect of new applications or does it also apply to renewal?

Mr. T. J. Fitzpatrick (Cavan)

It would probably be new applications but the Minister would also have the right if he so desired to be represented at renewals.

Mr. Daly

Will a new certificate of fitness have to be got each year?

Mr. T. J. Fitzpatrick (Cavan)

Yes.

Mr. Daly

I thought that once you renewed the licences you did not have to apply.

Mr. T. J. Fitzpatrick (Cavan)

It is a certificate of suitability of premises and persons and in the meantime the person might have been convicted of an offence or he might have let his premises run down. There may have been a change of circumstances.

Mr. Daly

Assuming that there was no change, would he have to apply for a certificate?

Mr. T. J. Fitzpatrick (Cavan)

Yes.

Mr. Daly

I understood that once the original certificate of fitness was granted all he need do was renew the application and that he would not have to formally apply to the court for the certificate of fitness every year.

Mr. T. J. Fitzpatrick (Cavan)

The Deputy should refer to section 48, subsection (3):

If the court by which a certificate for a wildlife dealer's licence was granted so thinks fit, the court may, on application being made in that behalf, from time to time grant a certificate for the renewal of the licence for periods prescribed under the said section 46 (3) in that behalf.

It is not absolutely necessary to follow precedent but, for example, in relation to a dance hall licence, an auctioneer's licence, or a bookmaker's licence, the person has to go to the court each year, because there may have been a change of circumstances.

Mr. Daly

Does subsection (7) mean that once he has got this dealer's licence he can operate from a number of other premises as well?

Mr. T. J. Fitzpatrick (Cavan)

No, what is involved here is that if he gets a licence for premises which extends for 12 months, and after three or six months, due to unforeseen circumstances he has to change premises, all he has to do is to go back to the court and get the licence amended; he does not have to go to the Minister.

Mr. Daly

I see.

Chairman

In the case of fire, accident or something like that?

Mr. Daly

Take the case of a man who is operating a number of premises.

Mr. T. J. Fitzpatrick (Cavan)

He would have to get a separate licence for each particular place. He just cannot add in other names to the place mentioned in the licence.

Mr. Daly

This deals with a change of premises rather than an addition to a premises.

Question put and agreed to.