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)

The reality is that such a permit would be issued by a qualified person on the ground who may be an employee of a local authority and, therefore, the term "Minister" is inappropriate. In the past this terminology has been used as a basis for litigation by those who have worked on the assumption that all permits must be issued by the Minister personally and not by one of his or her officers. This is an important section. It is about ensuring that we can enforce the rules in regard to the deliberate spread of disease. If a person has an animal which he or she knows to be infected and is trying to get rid of it from the farmyard and sell it, we need to be able to act quickly. That is the reason for authorised officers, whether at local authority level or working from my Department. We do not need a process whereby the Minister would have to personally authorise the actions of an authorised officer for the purpose of inspections or appropriate action on freezing the movement of animals. We have a set of rules for authorised officers governing the appropriate response when they have reason to believe something like this is happening under section 10(3). I would like to place some trust in these officers to behave as they see fit. If their response is over the top, the Minister may have to intervene, but it is important to place some trust in them. The authorised officers will be qualified. Perhaps we might discuss this issue later in the debate.

There was a concern, particularly among farming organisations, that many new officers who might not have much experience of farming but who might be connected to animal welfare organisations would be appointed. Authorised officers need to be qualified. Predominantly, they should be veterinarians or veterinary nurses who understand animals and the complexity of animal welfare issues as opposed to individuals who may well be well meaning but who are not qualified or informed to make the necessary decisions. I am not sure there will be a change to the current group of authorised officers who undertake farm inspections. Experience of how farms work is important to the authorised officer's role. Local authorities, as well as my Department, have a responsibility to put such officers in place in certain instances. Involving the Minister in sanctioning these appointments would probably be too restrictive in the context of getting the job done quickly. Therefore, I cannot accept the amendment.

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