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Special Committee Wildlife Bill, 1975

SECTION 49.

Bill Wildlife Bill, 1975
Enacted

No. 9 of 1975 ›

Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

The purpose of this section is to enable the court to revoke a wildlife dealer's licence in the event of his being convicted of an offence under the Bill when enacted. Subsection (1) specifies the provisions, namely, under section 31 offences involving the sale and so on of perching birds; and offences under section 69 (2) for contravention of current regulations relating to falconry, section 41, or the business of wildlife dealing, section 46.

Subsection (2) is a logical requirement in a situation where a licence issued by the Minister is revoked by a court. Moreover, the information will be necessary in connection with the Minister's power under section 50 to publish lists of licence holders or people whose licences have been revoked. I mentioned that in relation to one of the other sections.

Comment on this

That is fairly clear.

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Mr. Kitt

Could the person be the Minister himself?

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

No. Once the court revokes he is gone, just as in the case of a driving licence.

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There is no period in which he can apply to get the licence back.

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

If it were revoked in the District Court he could appeal to the Circuit Court.

Comment on this

Assuming the licence is revoked, has he any power to come back?

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

He would have to start all over again by applying to the next court.

Comment on this

There is no question, there having been revocation of a licence, that that person is blacklisted. He could apply again.

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Thomas J. Fitzpatrick Mr. T. J. Fitzpatrick (Cavan) Fine Gael

Of course, but the fact that he had done something that merited revocation of his licence would have to be taken into consideration.

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