Fitzpatrick, Thomas J.Thursday, 27 November 1975 |
Seanad Eireann Debate
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Cavan): Under the section as drafted it would be illegal to engage in beagling or harrying of hares at any time of the year without a licence from the Minister. As Senators will know, beagling or har...
(Cavan): In regard to amendment No. 62 I should like to point out that it deals with foxes and, as the House will have appreciated by now, the fox is not a protected species under the Bill. I do not ...
(Cavan): I can assure the Senator that the Bill is drafted in a flexible manner. Authority given to the Minister confers on him certain discretion and enables the Minister to have regard to the state...
(Cavan): The amendment proposed by Senator Yeats proposes to insert a subsection in section 26 which would enable the Minister to attach conditions to any licence issued under this section for the pur...
(Cavan): That means any licence under the Act. It could not mean anything else. I put it to the Senator that in view of the provisions of section 9, his amendment is unnecessary.
(Cavan): Section 26 deals with giving licences for stag hunting, otter hunting, beagling and coursing. Yet this discussion on this amendment has confined itself entirely to coursing—the only sport me...
(Cavan): Section 27 deals with the temporary suspension of open seasons for hunting for reasons of very severe weather. Such conditions not only impose considerable hardship on wildlife and wild bird...
(Cavan): While I have some sympathy with the underlying idea in this amendment the time limits proposed are too short and I am unable to accept them. As the House will be aware, the section is being ...
(Cavan): This is purely a drafting and a very technical amendment. The amendment is merely to clarify that the protected wild birds in question are those which fall into the category of game species,...
(Cavan): With the permission of the Cathaoirleach I propose to take amendments Nos. 71, 73 and 76 together. The purpose of section 28 is to establish the categories of “qualified persons” who will be ...
(Cavan): I regret that I am not prepared to accept this amendment. The general provision in paragraph (d) is necessary, for example, to cover categories such as departmental technical staff who may h...
(Cavan): Of course the ordinary laws of trespass would apply to tourists the same as anybody else.
(Cavan): We deal with them under another section but we have tightened up the position very considerably here in regard to tourists, that is, foreigners. Not alone have they to have a firearms licence...
(Cavan): I would not be prepared to go as far as making it obligatory on sportsmen who wanted to shoot, or obtain a licence under section 29, to become a member of a gun club. Before a person will be...
(Cavan): I will be dealing later on in the Bill with provisions in regard to lakes and water.
(Cavan): I would like to clear up this point. Up to 1st April last, if a visitor coming here came overland, he got a game licence at the Border from the customs people and was at liberty to shoot away...
(Cavan): With the permission of the Cathaoirleach I will take amendments Nos. 78 and 84 together. These amendments are simply to rectify an editing error by inserting this necessary qualification as ...
(Cavan): The Senator's intention here is clearly to provide for short-term licences for visitors. I am not satisfied that this arrangement is warranted. Moreover, their introduction would not find f...
(Cavan): I am not disposed to adopt what I might call the Senator's doublebarrelled proposal. The conditions of firearms and competence in their use would be more the concern of the Department of Jus...
(Cavan): As amendments Nos. 81, 82, 85 and 89 are interrelated and, having the Chair's permission, I will now take them together. They are designed to provide, firstly, that licences granted by the M...
(Cavan): This amendment is necessary in order to cater for the renewal of firearm certificates granted by a superintendent of the Garda under section 3 of the Firearms Act, 1925. In the context of th...
(Cavan): This amendment is being made to rectify a misunderstanding about my intentions in relation to reciprocal recognition of licences to hunt dealt with in subsection (9). It was not my intention...
(Cavan): I think the three Senators sponsoring this amendment may be disposed to revise their views when I remind them that the foreshore and other land referred to in section 30 is confined to foresh...
(Cavan): No. Under licence, with permission from the Minister. We are speaking about foreshore owned by the State, which is practically all foreshore.
(Cavan): I understand there is some privately-owned foreshore but it is minimal.
(Cavan): The effect of the section is to ban shooting on the foreshore unless under permission granted by the Minister.
(Cavan): That is correct.
(Cavan): All fauna is included. The section seems to be designed to meet the points made by the Senator.
(Cavan): I do not want to interrupt the Senator but “foreshore” would not apply to inland waters, it only applies to the sea. Amendment, by leave, withdrawn. Section 30 agreed to. SECTION 31.
(Cavan): Section 31, as drafted, is confined to control of the sale of certain live perching wild birds other than those which are bred in captivity and fitted with a close-ring as fledglings. Howeve...
(Cavan): That does not arise under the section or the amendment.
(Cavan): It would be a defence if he could show that he had.
(Cavan): I would not be interested in its age as long as it was established that the person owned the bird before the Bill became law.
(Cavan): Not provided he was bred in captivity. In other words if he were bred by his owner it is all right.
(Cavan): No. It will not be an offence for a person to retain caged birds provided he had them when the Bill became law and it will not be an offence for him to rear birds in captivity and retain them...
(Cavan): Apparently it covers birds once they come into the category of perching birds, to distinguish them from other birds.
(Cavan): These amendments are intended to extend the provisions of the section to wild animals. Since the marking and tagging of wild animals is also a common feature of wildlife research, I consider...
(Cavan): The basic object of section 32, as now being amended, is to confine the ringing and so on of wild birds and wild animals to suitably qualified people who are licensed by the Minister for this...
(Cavan): Generally speaking, fish do not come within the scope of this Bill. Amendment agreed to. Government amendment No. 97:
(Cavan): Section 33 deals with restrictions on the use of certain firearms and ammunition against wild birds and wild animals. This amendment is designed first to remove the rifle—other than the gas-r...
(Cavan): It does. That is the intention.
(Cavan): No, it is not allowed. Amendment agreed to.
(Cavan): This amendment is prompted by the same considerations regarding weapons mentioned in subsection (2). Amendment agreed to.
(Cavan): The hare has been regarded in the category of game since 1930 at least, and the use of shotguns for hunting it has been permitted. The effect of the proposed amendment would be to make it an...
(Cavan): These amendments are to enable regulations to be made under subsection (4) for either protected or unprotected species. Here again the objective will be to prescribe the most appropriate wea...
(Cavan): These amendments are to include a necessary cross-reference to the things permitted by the Minister to be done under section 42, in the protection of certain property from damage by protected...
(Cavan): This amendment is to meet a point which has been brought to my notice and which I accept as valid; that is, that a stupefying bait or other substance of that kind could render a wild bird or ...
(Cavan): The reason for this amendment is twofold. The first and main reason is to ensure, as originally intended, that any trap, snare or net lawfully used against non-protected as well as protected...
(Cavan): While this hardly comes within the Bill, I understand that traps set in forests are inspected regularly. Live animals or birds found in them are released or otherwise disposed of.
(Cavan): Possession of the trap is outlawed and it would be impossible to expose it for sale without possession.
(Cavan): If the Senator will refer to subsection (6) of section 34 he will find it deals with the point raised by him: Any person who imports, other than pursuant to and in accordance with a licence g...
(Cavan): This is merely a drafting point. The words being deleted are superfluous in view of subsection (2) (a). Amendment agreed to. Government amendment No. 110: In page 27, subsection (3), lines 3...
(Cavan): This is also a drafting point. I am satisfied on reflection that the word “propagating” in lieu of the word “restocking” is more meaningful and appropriate in the context. Amendment agreed t...
(Cavan): Amendment No. 113 is aimed at including in the exemption under licence from the prohibitions in subsection (1) the use of traps, snares and nets in research, scientific or educational activit...
(Cavan): It has been represented to me that the word “habitat” might not cover other places to which live captured animals may be lawfully and reasonably removed. A case in point would be the recaptur...
(Cavan): That may be. I understand that the places where these stags are housed or provided for are comfortable. While an argument might be made against hunting, no possible argument could be made a...
(Cavan): This amendment is simply to repair an inadvertent omission. Amendment agreed to. Section 34, as amended, agreed to. SECTION 35. Government amendment No. 116: In page 28, subsection (1), line ...
(Cavan): This amendment relates to subsection (1) (c) which restricts the use of certain decoys in the form of wild birds for hunting purposes. It is not the intention that this restriction should ap...
(Cavan): The amendment is covered by the Government amendment No. 117.
(Cavan): No. The amendment permits them for vermin but not for game birds or protected birds except wild duck and wild geese. Amendment, by leave, withdrawn. Section 35, as amended, agreed to. Progre...
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