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)
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I thank the Chairman and all the members for ensuring Committee Stage of the Bill would be dealt with today. I thank them also for the opportunity earlier in the Dáil to comment on changes the Bill will make to the forestry industry. That was a sensible, reasonable and practical approach to furthering that measure.

This is a significant change. Only three or four of these farmers remain in the country. All of them have been operating in line with the laws, regulations and practices required of them. When the industry started, they were given State encouragement to start their enterprises. I am very cognisant of that, but times have changed and the social acceptability of fur-farming as a practice has changed. Indeed, the social acceptability of the use of fur in clothing is very much a changed vista as well. As a result of that, a decision was made by the State that it was not appropriate to farm what would be naturally wild animals for their fur and to make that illegal. Nevertheless, it is important we treat the remaining farmers with respect and fairness in recognition of the fact their livelihood is being impacted. That is why, with this legislation, as we have discussed at earlier stages, we are seeking to ensure a fair approach will be taken in the context of compensation for those farmers and their workers.

To respond specifically to Deputy Collins's amendment, the Bill defines a redundant worker as an employee "who was dismissed, during the period commencing 6 months before [the commencement of the Bill], and ending 6 months after, the date of commencement of [the Act]". This provision applies certain parameters and limits to the group of workers who will be eligible when compensation is being calculated.

The legislation has not been enacted by the Oireachtas yet. We are at the first stage of that, bringing it through the Dáil, then it will go through the Seanad. Once it has gone through both Houses, it will be open to me, as Minister, to commence the legislation. There will be a period of six months before and six months after the commencement of the legislation in which workers will be eligible for a redundancy payment as part of a compensation package to employers and farmers to provide for their workers. The fact that it will be six months before and six months after reflects that there is seasonality to mink farming. It covers a full calendar year. That is proportionate and appropriate, covers the seasonality and is the right approach. If it was 12 months, there would be a two-year window, and somebody who was made redundant 12 months before the commencement of the Act would be eligible for redundancy even though the farming could be continued in that period and there was no requirement for the farmer to stop. First and foremost, we have to be fair to the farmers concerned, but we also have to be sensible and proportionate with regard to what we put in the legislation. We have been more than proportionate in reflecting the 12 months of a full calendar year to ensure that we capture any seasonality associated with the close-down.