Dáil debates
Tuesday, 3 April 2007
Foyle and Carlingford Fisheries Bill 2006: From the Seanad
6:00 pm
Jan O'Sullivan (Limerick East, Labour)
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Amendments Nos. 1 to 4, inclusive, are related and may be discussed together.
(2) Subject to section 53W(2), a licence to which this section applies shall, in so far as it authorises the doing of any act in the Louth Area, have effect on and after the day on which section 53A comes into operation as respects the Louth Area or from which the licence authorises the doing of any act, whichever as respects the licence concerned is the later, as if granted by the Commission under section 53A.".
John Browne (Wexford, Fianna Fail)
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The amendments before the House are largely of a technical nature and are necessitated by local law requirements. They do not impact on the Northern Ireland order in council that was recently passed by both Houses of Parliament in Westminster.
The Fisheries (Amendment) Act 1997 provides for an aquaculture licence regime in Ireland, although it does not apply in the Foyle area. These amendments take account of the fact it is possible that licences may be issued in the Louth area under the 1997 Act at the same time as provisions concerning aquaculture in this legislation are commenced. Aquaculture licences issued under the 1997 Act do not take effect for a period of one month from the date of publication of the decision to grant a licence. This is to allow persons aggrieved by the decision to appeal. The purpose of amendment No. 1 is to ensure this one-month period is retained so the right of an aggrieved person to appeal licensing decisions in regard to the Louth area is respected.
Amendment No. 2 ensures the appeals provision of the Fisheries (Amendment) Act 1997 will apply in the case of licences issued under the Act at the time of commencement of this legislation. On commencement of this legislation, licences issued under the 1997 Act are deemed to be licences issued by the Commission under this Bill. This amendment provides that in an instance where the one-month period for making an appeal is still ongoing after the commencement of this legislation and an appeal is made against the decision to grant the licence, the appeal shall be made in accordance with the provisions of the 1997 Act.
Amendments Nos. 3 and 4 are technical consequential amendments to take account of changes to the numbering as a result of the insertion of the new subsection (2) by amendment No. 2.
Tommy Broughan (Dublin North East, Labour)
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These amendments provide for the deletion of section 53V(2). Will the Minister of State explain the impact of this?
John Browne (Wexford, Fianna Fail)
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Amendment No. 2 ensures the appeals provision of the Fisheries (Amendment) Act 1997 will apply in the case of licences issued under the Act at the time of commencement of this legislation. The purpose of amendment No. 1 is to ensure a one-month period is retained in order to respect the right of an aggrieved person to appeal licensing decisions in regard to the Louth area. That position was provided under the 1997 Act and this amendment seeks to ensure it is retained.
"(2) Where the Minister determines an application under section 10 of the Fisheries (Amendment) Act 1997 relating to the Louth Ara prior to the coming into operation of section 53A as respects the area to which the application relates, and the time for making an appeal under Part III of the Fisheries (Amendment) Act 1997 in relation to such a decision of the Minister has not expired at the date of such coming into operation of section 53A then any appeal from that decision of the Minister shall be brought under Part III of the Fisheries (Amendment) Act 1997.".
John Browne (Wexford, Fianna Fail)
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These are technical amendments to correct drafting errors and are required in order to ensure the commission can decide an application which is transferred on commencement of section 53A of this Bill.
John Browne (Wexford, Fianna Fail)
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This is a technical amendment to correct a typographical error in the text.
John Browne (Wexford, Fianna Fail)
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Again, this is a technical amendment to take account of the renumbering in paragraph 2 of the Third Schedule of the Act of 1952.
Tommy Broughan (Dublin North East, Labour)
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In regard to legislation the last time we left it we thought we had finished with it and it came back to us again. At the Joint Committee on Communications, Marine and Natural Resources the cathaoirleach and one of our spokespersons was going to look at the debate in the House of Commons in the order in council process. I am interested to know where that is at as we were trying to finish before the start of the partnership government in Northern Ireland. Obviously the legislation is very important for the Foyle and Carlingford fisheries. Along with the Single Market Bill on electricity it represents the tangible results of North-South co-operation in a very important area.
John Perry (Sligo-Leitrim, Fine Gael)
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It is great to see the Executive in Northern Ireland. This is very important legislation which upgrades legislation which is 50 years old. There was a huge degree of urgency in regard to the amendments which were debated here and went back to the Seanad. I do not believe any new amendments had been tabled. Generally speaking when the Bill was before the House previously it was considered urgent to have what was discussed agreed. Given its ratification here it will take effect. As Deputy Broughan has said given that the new Northern Ireland Government will commence in May, has legislation been enacted by the House of Commons prior to the appointment of the First and Deputy First Minister?
John Browne (Wexford, Fianna Fail)
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The Westminster process is completed and following the passing of the Bill today it will go before the President. An order will have to be signed for commencement and that will be decided shortly.
I thank Deputies on both sides for their co-operation on this Bill and their recognition of the importance of its enactment in tandem with the equivalent legislation in Westminster. I wish to put on record my appreciation of the co-operation of Deputies and Senators in getting the Bill through the Houses very quickly. I thank also my officials for their support.
John Perry (Sligo-Leitrim, Fine Gael)
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I note there is a reduction in funding for inland fisheries development. What funding will be advanced to the Foyle-Carlingford administrative bloc that is proposed to be built and what Exchequer funding will be provided for the development of this new agency?
Tommy Broughan (Dublin North East, Labour)
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I join with the Minister of State in thanking the civil servants for their original important briefings on this area and the help they gave us at the initial stages of the Bill.
John Browne (Wexford, Fianna Fail)
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It will be funded jointly. Once the development plan is available the funding will be made available.