Pat O'Neill (Fine Gael)

I thank Senators Bradford and Ó Domhnaill for raising this matter. Senator Bradford has read out the subsection starting on line 25. This matter has to do with Senator Ó Domhnaill's amendment on deleting the words "necessary" and "reasonable". Although I am jumping around the Bill, this subsection is tied to section 11(3), as both read exactly alike. As the Minister pointed out, these two provisions might apply in different circumstances. One relates to the control of disease by prohibiting animals from straying and the other relates to animal welfare.

What reasonable and necessary steps can an owner take if his or her horse, for example, is in a livery yard or a feed lot? What would happen to the owner who sent a horse to a farrier or vet or a dog to a boarding kennel? Will the Minister examine the wording in these two subsections? They will have implications for the rights of owners. An owner may take reasonable steps to ensure that his or her animal is looked after well and give that animal to someone else in good faith. Perhaps the word "necessary" needs to be changed. The subsections' wording needs to be changed, given the differences between livery yards, feed lots, farriers, vets and boarding kennels. There is too great an onus on the owner. If a person hires someone to look after an animal, the onus is on the latter to do his or her job. I will make excuses for no one, but an owner might not be in a position to inspect his or her animal even once per day, week or month. He or she has handed that animal over to be cared for in good faith.