Seanad debates

Tuesday, 22 May 2012

Animal Health and Welfare Bill 2012: Committee Stage

 

4:00 am

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)

It is not an unreasonable suggestion, particularly in regard to section 8, but if I accept an amendment I want to make sure it is legally sound. I want to explain the difference between these two amendments. Section 8 is about preventing animals straying by putting up fencing and developing an environment that ensures animals do not stray. The Senator is suggesting that all reasonable measures, rather than all necessary measures, should be taken to do that. I do not have a strong view on which word should be used, and I would not be against accepting his amendment, but I would like to check that with our legal people.

I have a problem with amendment No. 6 because it is about the duty to protect animal welfare, which is at the heart of this legislation. It is important to have absolute clarity in terms of what we are requiring of people. I want people to take necessary steps to protect animal welfare as opposed to reasonable steps, which is ambiguous. When we are talking about ensuring animals do not stray, the word "reasonable" may not be as vital. If the Senator is happy to withdraw these amendments, I will consider introducing the word "reasonable" if it makes sense legally to do that. If there is a problem with it, I will let the Senator know but I would like to leave the word "necessary" in section 11, if he is happy to agree that. That is as far as I can go on that.

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