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Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: Yes.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: No, one must display one's licence.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: Boats generally have a permit.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: What is evidence of a licence?

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: Yes.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: There is discretion-----

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: ------under section 7B (6), which states: "An authorised officer may give to the owner of a boat such directions, orally or in writing, as he or she considers reasonable for the purpose of his or her functions under this Act or canal bye-laws." That is on page 9 at lines 28 to 30, inclusive. There is also a reasonableness test. In practice, the authorised officer can apply his or her...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: A permit must visibly be displayed on the boat.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: It must if the boat is moored.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: We can clarify it for the Deputy.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: I think a measure of discretion could be looked at in the by-laws.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: It could be addressed in the by-laws.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: It does not say that. It can be addressed.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: It can be addressed through that conduit. The word "reasonable" is used twice on page 9 under (iv) at line 19 and also further down at line 29. That should satisfy the Deputy's concerns.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: It is behaving reasonably and giving direction, so it is of use. The officer may request rather than require.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: There is a distinction there, insofar as we can be prescriptive.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: I think that applies everywhere.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: This section lists the domestic primary wildlife legislation which is referred to in the Bill. Accordingly, as the birds directive has been incorporated into wildlife legislation, I cannot accept the amendment. The birds directive specifically aims to protect all of the 500 wild bird species naturally occurring in the European Union. Concerned with their decline, member states...

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: Yes, under special areas of conservation, SAC, regulations.

Select Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs: Heritage Bill 2016: Committee Stage (25 Apr 2018)

Josepha Madigan: We are finalising the designation of 430 SACs. There was a long consultation period on these and wildlife protection. There have been many misclaims by BirdWatch Ireland. There was an extensive public consultation, a protracted debate in both Houses and in no way was there a rolling back. It is a gross misrepresentation of the situation. We are seeking an evidence basis for any change...

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