This section replaces section 13 of the Game Preservation Act, 1930, which relates to the marking of packages containing game in transit within the State or when being exported. It extends its provisions to all protected wild birds and wild animals. It is another link in the chain of preventive provisions in this part of the Bill aimed at unlawful trafficking in protected species.

Subsection (1) lists the various types of containers to which the section applies, namely, those containing protected fauna, dead or alive, or parts thereof and, in the case of wild birds, their eggs.

Subsection (2) requires that such containers, while being transported, shall be so marked as to indicate clearly (a) that the contents thereof comprise protected fauna and (b) the name and address of the sender.

Subsection (3) makes it an offence for a person knowingly to consign or transport a container not properly marked.

Subsection (4): the effect of this section is to provide a "saver" for the transport or consignment of game species lawfully taken in an open season. To require the bag or other container normally used in such circumstances to be specially marked would be unreasonable.

I understand that in connection with our membership of the EEC we may find ourselves having to accept certain regulations as to transport and other matters. Can we anticipate that what is here will be in accord with that which is already in existence in the EEC or which is likely to evolve?

Yes. As a matter of fact I will be moving amendments to bring us into line with an international convention. The convention so requires.

Is it possible we would be making a departure and would we be required subsequently to follow certain lines in the matter of packaging and transportation arising out of membership of the EEC and I am wondering whether or not these provisions are in perfect accord or whether we might later on be obliged to alter all or any of these and whether now would be the correct time to do that.

As far as I know they are in accord. I understand a copy of this Bill has been lodged with the appropriate EEC office and we have received no representations. Of course if, at a later stage, a directive is issued we will have to follow that.

There is not any provision we could have which would allow for the more ready acceptance of anything that might emanate.

If an EEC directive issued it would override this Bill should there be a conflict.

A regulation is automatically effective. A directive means that the mode of applicability is left to the national government except in certain circumstances and then it is largely a matter of interpretation. You take the letter of the EEC as it is under the Treaty of Rome and you have to act in accordance with that. I cannot put it any further than that. I could spend a few hours explaining. I see another Member here nodding agreement so I assume I am correct in what I say.

Leaving aside EEC regulations, you have licences and more tightening up to ensure illegal activities will not take place. What is the reason for this section on packaging, transport and so on?

It is to control exports of flora and fauna—to ensure that neither protected flora nor fauna will be exported illegally. We would be ratifying a convention, I think it is the Washington Convention, and one of the requirements of that is that we control exports and imports.

What about transport within the country?

It is mainly meant to cover exports and imports, but it also catches illegal traffic within the country.

Would this be one way in which foreign tourists would be limited——

The Deputy has in mind people who come in for a shooting holiday. I refer him to subsection (4), which gives exemptions.

It refers to "lawfully taken". That makes it difficult to distinguish—the fact that there are exemptions makes it easy for abusers to get away.

I cannot see that.

Would a declaration of some kind have to be put on a container?

The customs officers would require a declaration, but this provision does not go as far as that.

The postman would have to go around smelling boxes.