Dáil debates

Thursday, 2 July 2009

Criminal Justice (Miscellaneous Provisions) Bill 2009: Report and Final Stages

 

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)

I am inclined to agree with the principle of the amendment but perhaps most of what Deputy Ó Snodaigh has said will be covered by the annual review proposed by the Minister. This debate has certainly shown that the area is extremely complex, not only in terms of legislation passed by the House but in terms of the significant number of statutory instruments attaching to the various Bills as well as the various decisions of the High Court. We have legislation of a primary nature; we have legislation of a secondary nature, by way of regulation; and we have legal principles established by litigation in the courts. There is a role for this House as the Chamber of Deputies in putting together a framework that is accessible and representative of the common good.

I did not know until recently that such things as the licence fee were decided by way of regulation at the whim of the Minister and that we do not have an opportunity, either in committee or in the House, to pass comment either way. I was surprised to learn of the varying categories of licence fee. Up to recently the cost was €66 per gun and it is now €99 per gun per year. This was introduced by way of regulation, the publication of which was minimalist. We did not have any opportunity to query, question, authorise or approve it. I ask the Minister where the money goes, because it certainly does not go towards the industry.

People who are engaged in rural and country sporting pursuits, which is a long tradition here, did not have any opportunity to make worthwhile submissions. Even where a submission is made, there is no onus on the Minister or regulatory authority to deal in any meaningful way with queries of a justifiable nature that may arise from time to time. It is an expensive business but the State has put nothing back into the sport over the years. For a rural sportsman engaged in hunting pursuits, there may well be a licensing charge of more than €500, which is a considerable sum. There is also the issue of the potential for tourism arising from hunting and sporting pursuits in rural areas. It is important that there be an arena for discussing regulations or draft orders, as referred to in the amendment, so that we have an opportunity from time to time to discuss these matters.

We are dealing with a complex and detailed area of law, and this Bill will add further to that complexity. It will be difficult for persons engaged in these pursuits and their advisers to deal in a comprehensive way with the existing legislation let alone any future changes. As the previous speaker observed, regulations can be made at the drop of a hat. This will make it difficult for people to plan for and invest in the sport. It is important that there be a measure of accountability in this regard.

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