Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 4:

In page 9, line 24, to delete “2014.” and substitute the following: “2014,

(f) any relevant provision on offences in national legislation giving effect to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds or Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, or an offence under the Wildlife Act 1976.”.

This amendment adds to a certain list of provisions contained in the EU birds and habitats directives. The Minister of State has indicated that he may be open to accepting a similar amendment if it is put forward in the Dáil.I will look to colleagues to potentially bring this forward in the Dáil, but I am trying to highlight that laws have evolved since those made in the 1950s, 1960s, 1980s and so forth, which we are consolidating. As I said on Second Stage, responsibilities as well as rights are associated with maritime jurisdiction. In a way, inserting this amendment into section 11 is really about prosecution of a foreign vessel. As I understand it, boarding, arrests and so forth for crimes in relation to these acts on a vessel can in fact happen already. This amendment simply relates to the relationship the Minister for Foreign Affairs might have with the prosecution of such offences.

I thank the Minister of State for his willingness to engage in this area. I may well revert, or get others to revert, and bring this back at the Dáil stage, but I would like it even better and it might be even more constructive in making this legislation fit for purpose, if we were to find another place in the Bill where we could reference the EU directives and Ireland's jurisdictional responsibilities over them. Again, the amendment is an attempt to give visibility to those responsibilities within the Bill in this regard. That is why I referenced them in this section, but there may be better sections for them. Perhaps, given that the Minister of State has indicated in principle that he is open to incorporating recognition of those legal and jurisdictional responsibilities, we might engage between now and the Dáil Stages and find where in the Bill is the best place to give that visibility. I am not 100% sure that it is section 11.