THE Government will introduce amending legislation shortly to rectify a newly discovered legal deficiency in the appointment of the Southern Regional Fisheries Commission last year.
The Attorney General's Office advised the Department of the Marine recently that the Order establishing the commission, to take over the protection, conservation and management functions of the Southern Regional Fisheries Board, was invalid.
Following a report on the organisation and management of the southern board in 1995, an Order setting up the commission in February 1996 was made by the Minister of State, Mr Eamon Gilmore, under the Fisheries (Amendment) Act 1995 and the Delegation of Functions Order.
It was subsequently discovered by the Attorney General's Office that because the Fisheries (Amendment) Act 1995, under which the Order was made, post dated by several months the Delegation of Functions Order, under which Mr Gilmore was given his functions in relation to inland fisheries, the new powers conferred on the Minister under that Act had not been delegated to the Minister of State.
The Attorney General's Office alerted the Department to the possibility of a problem on December 19th. Following clarification last week, the Minister and Minister of State have decided to address the legal anomaly by way of legislation to validate the appointment and the work of the commission.
