Simon Coveney (Cork South Central, Fine Gael)
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They can do more than that and it is important to clarify that. A large element of the legislation is about preventing the spread of disease, which is in everybody's interest, particularly the agricultural sector. Section 38(4) states:

Where an authorised officer has reasonable grounds for believing that-
the officer may, in addition to the powers exercisable by him or her under subsection (1):(i) search the land or premises;
(ii) search the vehicle, vessel, aircraft, railway wagon ...
(iii) require a person in charge to control the vehicle, vessel ....

(I) refrain from moving it, .
(II) give information regarding its place of departure.

That provision refers to when animals are being transported and if there is evidence. To be clear, the authorised officers are gardaí, customs officers and people who are appointed either by county managers or the Minister.

The legislation must take account of the customs officers and the animals that are being transported. If animals are crossing the Border or coming into the country through a port and there is reason to believe that there is a disease risk associated with them, we must give authorised officers the power to stop the movement of the truck, bring in a vet and assess the situation. The provision is not all about farm inspections. An issue on a farm is likely to be discovered following another form of inspection. In many cases the provision caters for animals that are being moved and there is evidence of disease such as scabs on sheep or symptoms that cattle or calves may have. In such instances the authorised officer must have the power to address the situation and bring in the expertise that is needed because a customs officers is not a vet.

I do not want to belittle the other powers that we are giving to authorised officers in section 38(4) which states:

(iv) take, without making a payment, samples from an animal, animal product, animal feed, land, water, flora;
(v) seize and detain an animal, animal product or animal feed;
(vi) detain a vehicle, vessel, aircraft;
(vii) remove any equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under this Act.

The provision tries to give an authorised officer powers. It means that if they come across a situation that raises a reasonable concern - in terms of disease, a disease outbreak or the potential for a disease spread - they will be able to deal with that situation comprehensively and quickly. Of course that will involve bringing in a veterinary practitioner to make a judgment in terms of what the disease is and so on. Perhaps Deputies can suggest how we can improve on that. Clearly, their amendment is one suggestion. Amendment No. 72 states that only authorised officers that are vets would be able to detain a vehicle if he or she thinks that there is a serious threat of disease.