Fisheries (Amendment) Act 1997

Certain powers in relation to oral hearings of appeals.

57

57. (1) In conducting an oral hearing of an appeal, the Board may require any officer of the Minister or an officer of the Marine Institute to give to the Board such information in relation to the appeal as the Board may reasonably require, and the officer shall comply with the requirement.

(2) F29 [ ]

(3) F29 [ ]

(4) The Board, in conducting an oral hearing of an appeal, may take evidence on oath and for that purpose may administer oaths, and a person giving evidence at an oral hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(5) Subject to subsection (6), the Board in conducting an oral hearing of an appeal may, by notice in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, accounts, vouchers, maps, plans or other documents in his or her possession, custody or control which relate to the matter.

(6) The following provisions shall have effect for the purposes of subsection (5):

( a) it shall not be necessary for a person to attend in compliance with a notice at a place more than 10 miles from his or her ordinary place of residence unless an amount of money sufficient to cover the reasonable and necessary expenses of the attendance has been paid or tendered to the person;

( b) the Board shall pay or tender to any person whose attendance is required such amount of money as it considers will cover the reasonable and necessary expenses of the attendance;

( c) the Board shall pay to any person who in compliance with a notice has attended at any place all reasonable and necessary expenses of the attendance which have not already been paid to the person and in default of such payment by the Board the expenses shall be recoverable as a simple contract debt in a court of competent jurisdiction;

( d) every person to whom a notice has been given who—

(i) refuses or wilfully neglects to attend in accordance with the notice,

(ii) wilfully alters, suppresses, conceals or destroys any document to which the notice relates, or

(iii) having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F30 [ 600 ].

(7) In this section “ the Board” includes F31 [ a consultant or adviser engaged under section 35(1) or an employee of the Board or a person of whose services the Board has availed itself pursuant to section 35C ] by the Board to conduct an oral hearing on its behalf.

Annotations:

Amendments:

F29

Deleted (27.11.2001) by Fisheries (Amendment) Act 2001 (40/2001) s. 11(a), commenced on enactment.

F30

Substituted (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 101(e), commenced on enactment.

F31

Substituted (27.11.2001) by Fisheries (Amendment) Act 2001 (40/2001), s. 11(b), commenced on enactment.