Results 8,561-8,580 of 11,242 for speaker:Noel Dempsey

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages. (23 Mar 2006)

Noel Dempsey: I thank the Senators for their co-operation in bringing the Bill to its conclusion. This Bill updates and consolidates sea-fisheries legislation dating back to 1959. When it is signed into law it will provide for the implementation of the requirements of the EU Common Fisheries Policy. The Bill signals the need for proper conservation and management of sea-fisheries. While some may suggest we...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages. (23 Mar 2006)

Noel Dempsey: As I explained on Committee Stage yesterday, the amendment is unnecessary because the term "seafishing boat" is separately defined in section 6 and is frequently used in the text. Having double-checked I am assured there is no question that references to "equipment" or "fishing gear" could be held to include a "seafishing boat". The Senator will be aware that the powers available to...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages. (23 Mar 2006)

Noel Dempsey: I did not quote the section concerned in my response to Senator McHugh when he raised this issue yesterday, although doing so may have been helpful. The proposed amendment would have the unintended effect of providing loopholes to people who want to exploit the law. A case recently brought before the courts and which is currently sub judice concerned an attempt to take advantage of a practice...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages. (23 Mar 2006)

Noel Dempsey: We had a similar discussion yesterday and I explained at that stage that the maximum possible period of two months imprisonment provided for in section 24(1) matches the maximum possible fine of €5,000 which a court can impose for an offence of obstructing a sea fisheries protection officer in carrying out his or her function, as opposed to log book offences. With respect to the point being...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages. (23 Mar 2006)

Noel Dempsey: I cannot accept the amendment because it could call into question the automatic forfeiture by the court of fishing gear under section 28(6)(b) on summary conviction for a second or subsequent offence. Only a court can convict for an offence, taking into account the circumstances of the case. Apart from the protections any fisherman has as a citizen of the State, if the Bill is enacted and a...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages. (23 Mar 2006)

Noel Dempsey: Many provisions available to people are not put into all legislation passed by the House. Once a right is given, we do not keep rewriting it, as we would be left with unmanageable chunks of legislation. The amendment is unnecessary. Under current legislation, a Circuit Court judge is free to refer a point of law to the High Court by way of a case stated. If such a referral is not made, the...

Written Answers — Housing Grants: Housing Grants (22 Mar 2006)

Noel Dempsey: The multi-annual financial package for renewables announced in budget 2006 includes a grant aid package for the domestic sector, which will provide for individual grants to install renewable energy technologies including solar panels, wood pellet boilers and geothermal heat pumps. My Department, in conjunction with Sustainable Energy Ireland, SEI, is developing the necessary detailed measures...

Written Answers — Departmental Correspondence: Departmental Correspondence (22 Mar 2006)

Noel Dempsey: I have received no representations from, or requests for meetings with, any representatives of the Open Republic Institute.

Written Answers — Post Office Network: Post Office Network (22 Mar 2006)

Noel Dempsey: The numbers and locations of the post offices closed in County Meath, Cork city and county and County Tipperary since 1997 is set out in this reply. It is important to note that a significant number of the post offices that closed during this period were replaced by postal agencies, often on the premises that had housed the former post office. Therefore, this reply also gives details of the...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: What is feared by the Senators does not happen in reality. In most cases, an appeal triggers a hearing in the Circuit Court, and it is clearly necessary to continue the security which applied during the District Court proceedings. This is done through financial bond or detention of the sea-fishing boat concerned. Most of the time, the person concerned can provide a financial bond, which is...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: The principle of ensuring a real deterrent in the law applies here. Section 22(1)(c) of the Bill necessarily refers to the capacity of the sea-fishing boat. That ensures the State will not be left with mere boards, which may not even have scrap value, while the defendant retains a valuable asset which can otherwise be disposed of. In a recent case an owner did not enter into the financial...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: These sections bring our legislation into line with most legislation as revised. The limit of €5,000 is an upper limit on a fine which a court may impose on summary conviction of a person for an offence. I underline the word "may" because it is not compulsory but a matter for the court to decide within that limit. We are simply setting the maximum amount that can be levied. The courts use...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: It states "is liable on summary conviction to a fine not exceeding €5,000". The fine can be anything from one cent up to €5,000 and is not mandatory.

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: It is not automatic that a person convicted will be fined the maximum €5,000.

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: Sea-fisheries officers and naval officers may form a judgment and decide to initiate a prosecution if they believe someone is in breach of sea-fisheries law, but they cannot make a decision that a person is automatically guilty and confiscate the gear and catch at that stage. Rather, they will prepare the case for court, where a decision will me made on the confiscation of fishing gear. As...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: We have had a long debate on the amendments before us. I accept the points made by both Senators on relatively minor offences. The sea-fisheries organisations do not accept that we have sought to meet the concerns of those who make genuine mistakes. When the same mistakes are repeatedly made I become sceptical that they are genuine. Some people overfish by a small margin but do so on a...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: The principle of the amendment is dealt with because the judge of the Circuit Court is free to refer a point of law to the High Court. If there is no point of law to refer to the High Court the decision of the Circuit Court judge on a conviction or dismissal of a case is final. While the wording of the section may appear blunt, one has the right to bring a point of law to the attention of the...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: The purpose of this amendment was unclear until the Senator spoke. The Senator's point is general rather than confined to this area of the register of fishing boats. I reiterate what I have said on meeting with those in the industry and discussing in detail its future. If there are anomalies, as the Senator refers to them, we can deal with them at the time. The amendment refers to objections...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: I do not believe the fishing industry was sold out in 1973 but I do not expect many people across the political spectrum would disagree with the view of the fishing industry and the person in the street that ensuring a good deal for Irish agriculture was the priority in 1973. As a result, our eye was taken off the ball in respect of the fishing quotas we received. The situation has remained...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Committee Stage. (22 Mar 2006)

Noel Dempsey: The appropriate end point for sending notifications to the holders of authorisations under section 13 will depend on the business arrangement of the holders, some of whom may have agents dealing with their business correspondence. As this will be known to the Department in its ongoing dealings with the holder, it is not considered necessary to amend the Bill as suggested by the Senator. It is...