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

Yes, I am. I will make a further comment on Deputy Carthy's contribution. On thresholds that are "serious or significant", these are words most commonly used with regard to a referral of a case to the High Court. There is, therefore, significant case law around that. Obviously, making that decision and consideration at the end would be a matter for the judges based on the threshold we set. That threshold has precedence here, however, and is standardly used.

The point the Deputy made would be more applicable to the word "material" because there is not the same consideration as to what that means. That is much more vague and would not have the same case law or precedence around it to test exactly what it might mean. Obviously, it is important that anything going to the High Court would be a matter of importance. That is why I am bringing forward this threshold, which is the one that is standardly used in such instances.

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