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New Inland Fisheries Legislation
THE PROCESS
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Starting Point (What’s currently in place)
1959 and subsequent Acts up to 2010 (13 in total) Ancillary SI’s and Bye-laws (some going back to 1842) – circa 400 still in force. STAGE 1 of Process Review existing legislation and any subsequent repeals While this exercise is not reviewing secondary legislation, ultimately the aim is to have all legislation, primary and secondary (especially where maps are involved) all in the one place – basic starting point.
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Review of existing legislation
Look at what is still in force Is it still relevant? Does it still apply? – is it too prescriptive? Case-law - is it enforceable? What has happened since legislation was enacted – has focus changed? Outside influences Environmental law Habitats Directive New Threats Invasive Species
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Learn from known issues in Fisheries, previous reviews, problems highlighted by stakeholders, court decisions etc. Modern innovations, eg. new ways of patrolling, tagging, etc. Other changes – fixed penalty notices, Fines Act 2010
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End result of this process - key question to be answered
What are the key policy objectives that need to be addressed by the new legislation?
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STAGE 2 – Consultation
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Public Information Meetings (5 in total)
Notice in newspapers Commencement of public consultation process Written submissions to be forwarded to Department on any aspect of legislation Consultation period lasts from from 13th May 2013 up to 10th June 2013 (extended to 28th June 2013)
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Contact Details for submissions: Inland Fisheries Division, Department of Communications Energy and Natural Resources, Elm House, Earlsvale Road, Cavan, Website: (Fisheries Legislation)
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STAGE 3: Drafting of Legislation
Draft Heads will be prepared after consideration of submissions received (R.I.A process). Draft Heads will be submitted to Government for approval in Autumn 2013. If agreed by Government, department will work on drafting a bill with the Office of Parliamentary Counsel (Office of the Attorney General will also advise). Minister will bring through the Oireachtas. If passed by Oireachtas, will be enacted (indicative timeframe 2014)
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