Oireachtas Joint and Select Committees

Tuesday, 11 December 2012

Select Committee on Agriculture, Food and the Marine

Animal Health and Welfare Bill 2012: Committee Stage (Resumed)

4:05 pm

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail) | Oireachtas source

I do not altogether agree with the Minister because authorised officers in this legislation can come from a wide variety of sources. Some people think human and animal comfort are the same thing and want one to build very enclosed sheds whereas if one puts the animals in the part of the world in which I live into a closed shed, they get pneumonia. They would survive better on a mountain than they would in a shed, particularly mountain sheep. I am sure the Chairman will testify to that. It is totally counter-intuitive but these animals thrive in conditions in which we would perish, while they would perish in conditions in which we thrive. When I first saw this and when the Minister's officials spoke about it, I thought it was a great idea that would save us all bother because it must be asked, who wants to go to court?

Unlike other on-the-spot fines relating to black and white issues that are easily determined, this is based on a reasonable opinion. The problem is that this situation is not static. An official might believe that a court case could not be won, yet he or she might guess that a person who received sensible advice would not appeal a fine of €250.

If someone who was aggrieved at receiving one of the fines in question approached me about appealing it-----

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