Seanad debates

Wednesday, 4 July 2012

Wildlife (Amendment) Bill 2012: Second Stage

 

11:00 am

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North-West Limerick, Fine Gael)

I am pleased to bring the Wildlife (Amendment) Bill 2012 before the House. The Wildlife (Amendment) Act 2010 includes provisions allowing all holders of valid firearm certificates issued for shotguns between 1 August 2009 and 31 July 2012 to be deemed to be the holders of a hunting licence under the Wildlife Acts for the purposes of hunting game bird and hare species. This provision was introduced at the time to address an issue which arose following the introduction of a new computerised firearm licensing system by An Garda Síochána.

Prior to the enactment of the Wildlife (Amendment) Act 2010, the Wildlife Acts required a hunter to have a licence to hunt certain game birds, such as pheasant and partridge, and hares. The Acts provide that this would be obtained as an endorsement on the hunter's firearm certificate. The hunting licence and firearm certificate were issued by An Garda Síochána in the form of a shotgun licence with the appropriate endorsement for hunting. However, new Garda Síochána computerised procedures introduced in 2009 for issuing three-year firearm certificates omitted the facility to issue the endorsement as a wildlife hunting licence. At the time, it was not practicable to recall the new firearm certificates issued or to change the licensing process that was in train. Accordingly, provisions were included in the Wildlife (Amendment) Act 2010 to allow a hunter in possession of a firearm certificate to shoot game birds and hare species during the open seasons. These provisions will lapse on 31 July 31 2012.

Since the enactment of these provisions, discussions have taken place between the Department of Arts, Heritage and the Gaeltacht, the Department of Justice and Equality and An Garda Síochána. These discussions have considered the question of amending the firearm certificate application form, and the certificate itself, to accommodate the hunting endorsement. The outcome of these discussions has been that a suitable technical solution is not possible, at reasonable cost, in the short term. Accordingly, I consider the most viable option is to extend the existing arrangements pending a more thorough review of the Wildlife Acts.

I should explain to the House there is a commitment in the national biodiversity plan for 2011 to 2016 to publish new consolidated wildlife legislation in 2014. I consider that such consolidated legislation is necessary given that the primary wildlife legislation is now almost 40 years old. I am of the view that the most appropriate context for the consideration of all issues surrounding wildlife, including hunting and hunting licences, is as part of this overall review. Accordingly, I consider that, in the interim, the current arrangements should be continued and that persons with a valid firearm certificate should be deemed to have a hunting licence under the Wildlife Acts beyond 31 July 2012. This requires a short technical amendment to the Wildlife Acts which is set out in section 1 of the Bill. Otherwise, if this is not done, hunters would be hunting unlawfully after 31 July 2012.

I should point out the Bill does not give hunters unrestricted permission to hunt protected birds and hares on a year round basis. The hunting season for game birds under the open season is restricted for most wildfowl to a period from 1 September to the end of January. In the case of popular game birds, such as pheasant and partridge, the open season is shorter, from 1 November to the end of January. The open season for hares is from the end of September to the end of February.

There are gun clubs in almost every rural parish throughout the country. Many Members of the House are aware of the popularity of game shooting during the winter months. For many people the start of the pheasant season is traditionally seen as the start of winter. The Bill will allow hunters to continue their sporting activity in a legal manner without interruption during the open seasons Therefore, I commend the Bill to the House.

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