Fisheries (Amendment) Act, 1999

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Amendment of section 10 of Act of 1980.

7.—(1) Section 10 of the Act of 1980 is hereby amended—

(a)  in subsection (4)(a), by the substitution of the following for subparagraph (ii):

“(ii) subject to paragraph (ab) of this subsection and subsections (5) and (6) of this section, not more than 8 shall be appointed by the Minister after such consultation as the Minister considers appropriate, and

(iii) one shall be a member of the staff of the regional board nominated by the staff of the board.”,

(b) in subsection (4), by the insertion of the following before paragraph (b):

“(aa) (i) The Minister shall prescribe not less than 2 organisations which, in the Minister's opinion, are representative of each of the following classes of organisation:

(A) organisations which, in the Minister's opinion, are concerned with the promotion of the development of aquaculture or are representative of persons carrying on the business of developing aquaculture;

(B) organisations which, in the Minister's opinion, are representative of persons whose professions or occupations relate to agriculture;

(C) organisations which, in the Minister's opinion, are representative of persons concerned with the protection and preservation of the environment;

(D) organisations which, in the Minister's opinion, are concerned with the promotion of regional tourism;

(E) organisations which, in the Minister's opinion, are concerned with the protection and preservation of the national heritage within the meaning of the Heritage Act, 1995 ; and

(F) organisations which, in the Minister's opinion, are concerned with the promotion of regional or local development.

(ii)   The Minister shall appoint as members of a regional board from amongst those persons nominated by each of the classes of organisations prescribed under subparagraph (i) one member to represent each class of organisation, or in default of such nominations after the Minister has given each a reasonable opportunity to do so, then from among such persons as the Minister thinks fit.

(iii)   An organisation prescribed under subparagraph (i) shall, whenever so requested by the Minister, select such number of candidates (not being less than 2, of whom one shall be a woman) as the Minister may specify for appointment as members of a regional board and shall inform the Minister of the names of the candidates selected and of the reasons why, in the opinion of the organisation, they are suitable for such appointment.

(iv)   The Minister shall not appoint a person to be a member unless the person was amongst those selected pursuant to a request under subparagraph (iii) in relation to that appointment, but—

(A) if all of the appropriate organisations refuse or fail to select any candidate, or

(B) if the Minister decides not to appoint as a member any of the candidates selected by such organisations,

pursuant to a particular request under subparagraph (iii), then either—

(C) the Minister shall appoint as a member a person who was amongst those selected by such an organisation pursuant to a previous request (if any) under that subparagraph in relation to that appointment, or

(D) the Minister shall make a further such request and shall appoint as a member a person who was amongst those selected pursuant to that request made in relation to the appointment.

(v)   Where a request is made under subparagraph (iii) or (iv)(D), failure or refusal by the organisation of whom the request is made to select the number of candidates specified in the request shall not preclude the appointment as a member of a person who was selected in relation to that appointment either by the organisation or by any other organisation.

(ab) The Minister shall make his or her appointments under paragraph (a)(ii) of this subsection so that of the total membership of the regional board not less than 4 members are women and not less than 4 are men.”,

(c) by the substitution of the following for subsection (11):

“(11) The Minister may by order alter the number of elected members of a regional board.”.

(2) Notwithstanding anything in the Act of 1980, the date for the holding of the first election of members to a regional board after the commencement of this section shall be such date, not later than 3 months after that commencement, as the Minister may by order fix, and an election shall be held as soon as practicable after each fifth anniversary of that date.

(3) The Minister may, by order, revoke or vary an order made under this section, including an order made under this subsection.

(4) An order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(5) Until the first election of members of a regional board after the commencement of this section, each member of a regional board (including appointed members) holding office immediately before that commencement shall, unless he or she sooner resigns or is removed from office in accordance with the Act of 1980 as then in force, continue in office notwithstanding that his or her term of office would, but for this subsection, have expired.

(6) If the first election of members to a regional board after the commencement of this section is to be held in the year 2000 but before 1 October of that year, then, subject to section 14 of the Fisheries Act, 1980 , but notwithstanding any other provision of any enactment or instrument made under an enactment, the persons entitled to vote at that election, to nominate a candidate for election and to accept nomination and stand as a candidate for election, shall be determined as if the election date were the third Tuesday in December, 1999.