Oireachtas Joint and Select Committees

Wednesday, 15 December 2021

Select Committee on Agriculture, Food and the Marine

Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank Deputies Michael Collins and Martin Browne. Obviously, the objective here is to be reasonable and fair, as I said at the outset, and to ensure appropriate and fair compensation is provided for the closure of these farms. When we discussed Deputy Michael Collins' previous amendment, I outlined that a full 12-month period is covered. There will be six months before a farm closes and six months afterwards, which makes up a full year. Again, that is a reasonable and fair approach. I did not support that amendment, as I said, because the Deputy is looking to extend the period to two years. This would give a full year before the farm was actually shut.

On amendment No. 2 itself, I will first outline what is contained in section 71D. The section sets out the overarching principles that will govern the compensation payable to fur farmers. Compensation will be payable for income losses, non-income losses and costs incurred as a direct result of the prohibition. The amount of compensation for each affected fur farming business is to be determined by an independent assessor to be appointed by the Minister. The Bill contains principles and policies that authorise the Minister to make regulations to specify the income and non-income losses and other costs in respect of which compensation will be payable, the basis of valuation for assessing income and non-income losses, and to provide for financial limits to apply to certain compensation payments where appropriate. Regulations will also provide compensation for the costs involved in disposing of breeding mink, demolition and clean-up costs - accommodating the likes of what Deputy Martin Browne indicated there in respect of asbestos, for payments required to be made to redundant workers - which we dealt with in the previous amendment, for certain professional fees incurred in the preparation of applicants’ claim form and in the making of representations to my Department relating to the development of this legislation. Regulations can also be made to provide for a number of administrative matters including advanced payments to claimants prior to any final determination of their compensation entitlements under this Bill, the appointment of an assessor, the form and content of applications for compensation, information required to be furnished by applicants and any other matters that are incidental, supplemental and consequential to that.

Deputy Michael Collins' amendment seeks that farmers be compensated for: "all other reasonable, necessary and consequential costs and losses so that the totality of the compensation is reasonable and fair". In response, I state that these overall provisions govern the compensation package that will be made available to existing fur farmers and have been developed with the benefit of expert, independent and objective financial advice. My officials have also engaged with colleagues from other member states and have had the benefit of their experience in developing similar compensation schemes that are to apply to fur farmers in other jurisdictions. My officials have also directly engaged with the fur farmers and their representatives on these provisions and will continue to engage with them on the specific details of the compensation scheme that will soon be provided for in the regulations. However, for present purposes, I am very confident that the overarching loss categories provided for in this Bill are sufficient to ensure a fair and reasonable compensation package can be made available to the fur farming businesses impacted on. Therefore, I do not propose to accept the amendment.

There has been much engagement. I have met the fur farmers on at least a couple of occasions. There has also been ongoing engagement with officials and that will continue. Certainly, we are open to all further correspondence and to meeting them as appropriate as well. I will also meet them as appropriate in the time ahead to discuss any further issues they have with the Bill. There has been really comprehensive and ongoing engagement between the farmers and my officials.

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