Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I will reflect on the matter. I accept the Deputy's point in regard to listing specific actions, which creates categories in terms of actions listed and not listed. We have rejected people's attempts to list animals in the middle of a performance or sport because this is already dealt with in the general wording of the Bill. I will reflect on the matter rather than accept the amendment now. I want to ensure nothing legal is being missed. I will look at it for Report Stage.

I was asked by the Deputy to explain legally what we are doing in the context of the codes of practice. My understanding is that the legal position of codes of practice is that one cannot create an offence by a code. To create a new offence one must do so by way of regulation or law. We have many successful codes, including with farming organisations around farming and so on. We have also introduced a new code of conduct in relation to animal welfare organisations, including dog pounds and rescue centres. What we are proposing to do in a number of areas covered by this legislation is to work with the relevant representative bodies to work out acceptable codes and standards on how certain procedures take place, be it dehorning, disbudding and so on. Likewise, if we want to do this in the blood sports area, we will put in place a code of conduct. The value and strength of codes of conduct legally is that they can be taken into account in a court of law where a judge is making a judgment for or against whether a person or group of people are treating an animal cruelly. However, they are not the determinant of the law. That is my understanding of it. Codes of conduct should not, for example, be seen by farmers as a threat.

It would be quite the opposite. Essentially, these are guidelines for acceptable behaviour, and if somebody taken to court can show that he or she was abiding by the code of conduct, it would strengthen the defence. If the prosecution claims the person ignored the codes of conduct, it would weaken the defence's case. The code of conduct does not create a new law or offence but is rather a set of rules that should be abided by. The primary legislation is required to back that up.