Simon Coveney (Cork South Central, Fine Gael)

I will provide the reasoning behind the wording as is. We are trying to ensure that the owner of an animal does not hide behind an employee working in the yard, on the farm or in the livery if that animal is being abused, subjected to cruelty or whatever. For this reason, the Bill's wording is, "unless the owner shows that he or she took all reasonable steps to ensure that all necessary measures in the circumstances were taken to comply with subsection(1)", which is on the prohibition of farm animals straying. This section is not about cruelty to animals broadly. Section 8(1) states:

A person who has in his or her possession or under his or her control a farm animal shall, having regard to the animal's nature, type, species, breed, development and environment, take all necessary measures to ensure that—

(a) the animal is unable to stray from the land or premises where it is kept, and

(b) all buildings, gates, fences, hedges, boundary walls and other structures used to contain the animal are constructed and maintained in a manner that minimises

(i) the risk that the animal will stray...

I will think about the concerns expressed by Senators. I have good practical experience of what it is like to have a horse 40 miles from where I am living which is being looked after by a friend. Likewise, an owner of a suckler herd may be sharing grazing facilities with another farmer. There could also be the case of a dog placed in kennels when his or her owner goes on holiday which escapes. There are many cases of people who, for whatever reason, may arrange for their animals to be in the possession, control or responsibility of somebody else. We do not want people to be prosecuted because of the irresponsibility of somebody else while minding their animals. At the same time, I want to ensure there is a responsibility on an owner to ensure good care is taken of his or her animals if they are being looked after by someone else. It is about getting the balance right between the responsibility that comes with ownership of an animal and the practical realities of farming. The Department's view is that this issue is covered by the provision "he or she took all reasonable steps to ensure that all necessary measures...". I will examine this provision before Report Stage to see if it can be improved.