Eamon Ryan (Dublin South, Green Party)

I move amendment No. 3:

In page 13, between lines 35 and 36, to insert the following:

"(4) (a) An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.

(c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.".

In response to Deputy Coveney, obviously I am familiar with the legislation. The Minister of State was obliged to attend the launch of the innovation task force, particularly owing to the absence of the Tánaiste. That explains the changing of the order of Ministers here.

The section to which the amendment refers is a restatement of the provisions contained in the Fisheries Act 1980 and ensures that Inland Fisheries Ireland maintains the same operational jurisdiction as the existing central and regional fisheries boards, which at present extend to the 12-mile limit - 12 nautical miles representing the outer limit of Ireland's territorial seas. Subsection 3(b) provides that the Minister may by order amend the reference to the 12-mile limit if necessary. The Deputy proposes that such an amendment should be subsequent to the approval of Dáil Éireann.

Having discussed the matter with the Office of the Parliamentary Counsel, I am advised in the first instance that an amendment to the reference to the 12-mile limit must be done by way of a ministerial order. I am further advised that any order made under this section should be subject to the approval of both Houses of the Oireachtas. The legislative mechanism for achieving this is by making provision for the order to be laid before both Houses of the Oireachtas and to allow a 21-day period for either House to pass a resolution annulling the order.

While I am unable to accept Deputy Coveney's amendment, the Deputy has indicated that my amendment alleviates his concerns.

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