Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Special Committee Wildlife Bill, 1975 díospóireacht -
Tuesday, 2 Nov 1976

SECTION 73.

Amendments Nos. 44, 45 and 46 are related and may be taken together.

I move amendment No. 44:

In page 56, subsection (1) (d), to insert “, or any product of,” after “part of” in line 47.

Section 73, like section 72, deals with the powers of the Garda and authorised persons in regard to suspected offences under the Bill, but in this instance when they are acting under warrant. I already explained when dealing with section 72 that the amendments to that section were consequential on the amendments made to sections 52 and 53 to ensure that "parts" of fauna and flora extended to "products". These amendments are further consequential amendments.

Amendment agreed to.

I move amendment No. 45:

In page 56, subsection (1) (e), to insert “or product” after “part” in line 49.

Amendment agreed to.

I move amendment No. 46:

In page 56, subsection (1), to insert ", product" after "part" in line 51.

Amendment agreed to.

Amendments Nos. 47 and 48 are related and may be taken together.

I move amendment No. 47:

In page 57, subsection (2), to delete ", if need be by force," from line 10.

Section 73 provides for the issue of search warrants to authorised persons or members of the Garda in pursuance of their powers of search, inspection and so on relating to suspected offences under the Bill. These drafting amendments to subsection (2) are to clarify that the standard expression "if need be by force" relating to the executing of search warrants is intended to apply only to the entering and searching of premises and not to the other matters covered by subparagraphs (ii), (iii) and (iv).

Amendment agreed to.

I move amendment No. 48:

In page 57, subsection (2) (i), to insert ", if need be by force," after "search" in line 11.

Amendment agreed to.
Question proposed: "That section 73, an amended, stand part of the Bill."

This section provides for the issue of search warrants to the Garda Síochána or authorised persons to enable them to enter and search "premises or other land" where there are reasonable grounds for suspecting that a person is in possession of protected fauna or flora on such premises or other land. The expression "premises or other land" throughout this section is intended to embrace such places as a pier, quay, jetty, dock or dock premises. These were specifically mentioned in the Game Preservation Act, 1930.

Question put and agreed to.
Barr
Roinn