Seanad debates

Wednesday, 28 April 2010

Inland Fisheries Bill 2009: Committee Stage.

 

10:30 am

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)

This amendment relates to the publication of any by-laws made under section 54 of the Bill on the website of Inland Fisheries Ireland. The Senator seeks to have the term "if any" removed from the provision. I have consulted the Office of the Parliamentary Counsel and am advised that this provision should not be amended. The inclusion of the phrase "if any" offers protection to Inland Fisheries Ireland in case of any unforeseen difficulties with its web page. Furthermore, I am advised that by removing the provision, there is a real risk that potential prosecutions could be prejudiced. A defendant could use the fact that he or she was unable to access a by-law on the website of Inland Fisheries Ireland to thwart a prosecution for breach of the by-law. Accordingly, I am unable to accept the amendment.

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