Dáil debates

Tuesday, 17 May 2005

Veterinary Practice Bill 2004 [Seanad]: Second Stage.

 

6:00 pm

Photo of Mary UptonMary Upton (Dublin South Central, Labour)

I welcome the Bill and I thank the Minister of State for introducing it. This Bill is long overdue, especially in light of the significant changes that have happened in veterinary practice in the last ten to 15 years. Many substantial changes have occurred which have impacted greatly on farming and the food industry. Major improvements in technology have made life easier in some ways, but in other ways they have made it more complicated because of the higher standards that are expected arising from such improvements. I welcome the improvements to the Bill, as they place an emphasis on the need to move on and to change the requirements where appropriate.

A relatively new but important aspect of veterinary practice is the value and relevance attributed to food safety and there are new stories in the newspapers about this every day. Vets have an important role in ensuring compliance with Irish and EU food safety standards. There are many EU directives in this area which must be taken into account and which have had an enormous impact on standards and quality in the food safety arena. EU legislation will be even more important in future and we must ensure that we keep abreast of directives and legislation. That is a significant demand because legislation from the EU tends to be complex, although efforts are being made to consolidate certain aspects of the food safety legislation.

As Deputy Naughton pointed out, the recognition of veterinary nurses in the Bill is very important. We must also recognise veterinary practitioners from other European countries. The law regarding the movement of services is positive. It offers opportunities for our professionals to engage at European level and also allows other Europeans the right to practise in Ireland. The reciprocal arrangement benefits everyone.

The veterinary profession has been central to the development of Irish agriculture and the food industry. Its role in the management and treatment of companion animals is becoming more important. It has also made a very significant contribution to research. When fire brigade action was needed to respond to foot and mouth disease, the veterinary profession directed our actions and prevented the worst horrors of what took place in the UK from happening here. It protected the country from the consequences of foot and mouth disease. Its role and contribution to Irish farming, the food industry and society in general cannot be overstated.

Animal welfare is an issue that has gained a very high profile in recent years. We are dependent on vets to ensure there is compliance with best practice. It is widely recognised that vets have a major role in mainstream animal husbandry, farm management and companion and small animal treatment. Their role in education is also significant and should be acknowledged. Veterinary practitioners, alongside other professionals, have played an important part in educating and training the next generation of vets who are coming through the university and institute of technology systems.

The legislation must be forward-looking and take account of the major changes in agriculture, the food industry and animal management practice, as well as the importance of companion animals. Vets can play a role in the control of horrific practices such as puppy farming. In this Bill there is no scope to deal with this, but I would like to revisit the issue at a future date. It is an important matter from an animal welfare point of view. The practice was highlighted in the media in the past two years and it is still in existence. Controls must be put in place and appropriate penalties imposed on those who are abusing the quality of life of animals in this manner.

The range of animals to be found in pet shops has widened considerably. Exotic animals are often bought as novelty items and are great fun for a few weeks. However, the glamour tends to wear off and appropriate care and management is not always provided by the purchaser of such animals. I wish to see tighter controls in this area. Apart from animal welfare concerns, there is a risk of these animals being released and causing havoc. One can imagine the scenario if a friendly python was found in somebody's back garden, which is not beyond the bounds of possibility. Exotic snakes and birds are being imported with very little, if any, controls. Exotic animal imports also raise concerns regarding exotic diseases. We should not overlook the real risk in that regard.

We must acknowledge the work of veterinary practitioners with organisations such as Blue Cross, where they provide a professional service for free or for a minimal charge. This service is greatly appreciated by people on limited incomes, particularly elderly people whose pets are very important to them. It is almost an unofficial medical card system for the treatment of animals and is a very important social service.

The broad thrust of the Bill is to bring regulation of the profession up to date, taking account of the many changes that have taken place in recent years. Another important function of the Bill is to bring greater transparency into the regulation of the profession. The reviewed composition of the veterinary council is broadly welcome. All of the representative veterinary bodies identified a need for a greater number of vets on the council. The case was made that they would be needed to service the large number of sub-committees that would operate under the council. The increased numbers recommended, following the debate in the Seanad, acknowledges the concerns in this area, but it is an issue that I would like to revisit on Committee Stage.

It is important that other stakeholders have representation on the veterinary council and I acknowledge that this is included in the Bill. The change in emphasis in the role played by veterinary practitioners highlights the need for broad representation on the council. Interests such as food safety experts — I appreciate that the Food Safety Authority is represented — and consumer advocates are central to the balanced composition of the council. It is important to strike a balance between strong veterinary representation and consumer and food safety representation on the council.

I welcome the fact that veterinary nurses are formally included in the legislation because they provide an important service which deserves recognition. I note the categories of functions that veterinary nurses are allowed to carry out were amended in the Seanad so it is clear that treatments being carried out by nurses are under the direction of a vet, but in some cases without the vet being present. The inclusion of this provision, as well as the formal recognition of nurses, is very important from the point of view of professional status. I also welcome the indication by the Minister that those working as veterinary nurses from the date of the Bill's introduction in 2004 may apply for provisional registration which would last for up to five years, providing they complete an approved course of education. It is entirely acceptable, if not desirable, that such recognition should be in place.

The point about the inspection of veterinary premises is important. The Bill provides the facility to carry out an independent inspection of the place where the practice is located. This process is in line with best practice in other professions and activities. Inspection and maintenance of standards in a practice are clearly in the interest of both the practitioner and those in receipt of the service. It is important inspections are available and will be carried out.

The point was made in the debate in the Seanad that where the veterinary council appoints authorised officers — this relates to investigations where there is concern that an offence is being committed — to enter a premises other than that of a vet, a search warrant is required. It seems only logical that the same standard should apply when considering the premises of a vet. I appreciate the Minister acknowledged this in his speech this afternoon and that the Attorney General is considering the matter. The issue of the differentiation is important. Why would a warrant be required for one and the other be exempt from such a requirement? This important point may hinge on some legal technicality that must be raised on Committee Stage. I look forward to hearing what the Attorney General has to say on this matter.

The veterinary education and training committee has responsibility for advising the Veterinary Council of Ireland on the education, training, programmes of education in the State, continuing educational development and standards for recognition of qualifications obtained outside the State. This is an important aspect of the veterinary profession, because it will determine the standards of care that are ultimately delivered by the profession in the care and treatment of animals and the profession's important role in setting standards for food safety in specified areas and in all other aspects of training. The rapid rate of change in this and other areas where new technologies apply will present a challenge. For this reason it is imperative that the broader educational aspects of the training and retraining of the professionals is kept under constant review.

Because of the right of vets from outside the State to practise here, it is important the standards of those entering the profession from outside the State are constantly monitored and updated. It is important to find the right balance between the veterinary practitioners and the committee and those who deliver education. Their roles may overlap, but it is important to remember that education and training must be monitored not just by vets but also by those with formal training in the process of the delivery of education, monitoring of standards and ensuring the quality of training. Deputy Naughten alluded to this earlier.

The veterinary profession is in the privileged position of being able to control many of the food standards that allow us to enjoy a safe food supply. The "farm to fork" concept is more important than ever, given our need to ensure safe quality foods for the consumer at home and abroad. Our highly regarded food export industry is important and must be maintained and sustained. We cannot allow any glitches to creep into the system or any damage occur to our reputation and destroy our clean, green image. It is a constant struggle to ensure this and is not an easy challenge by any means.

The legislation relating to food standards is very complex. Vets in particular have a major role to play in ensuring animal products are fit for human consumption. Increasingly, the sophistication of production, processing and packaging of foods impacts on the economy. Staying up to speed with these new developments will be one of the challenges for all involved in the food chain. However, the primary role in foods of animal origin will fall to the vets at both farm and factory level.

Foods of animal origin are those most likely to cause concern from a food safety point of view and economically. The recent lessons of the foot and mouth disease outbreak in 2001, BSE and, most recently, avian 'flu are stark examples of how animal diseases and illnesses can impact on human health and on the economy. These diseases have not gone away. We must be constantly vigilant to ensure we remain aware of them in other countries and prevent them impacting on our economy and food safety.

Section 55 of the Bill is important in that it makes it illegal for people to represent themselves as being suitably qualified unless they have been recognised and accredited by the veterinary council. There have been a number of unfortunate incidents in other professions where unqualified people have successfully passed themselves off as being qualified when, in fact, they were charlatans. Strict guidelines, through examination of documentation and formal training and qualifications should help to prevent this happening and ensure people who are not fully qualified are not allowed to bypass the system.

The need for additional back-up and professional resources is important for when there is a crisis or emergency. It is also important for when someone from a third country wants to practise in Ireland. It is important to have the procedures in place to allow flexibility for those people to practise. However, it is also crucial that the standards that are expected and demanded of vets who qualify in Ireland are maintained by those who come from outside the State.

The issue of limited registration is valuable in an emergency. I realise the difficulties surrounding the wording of this part of the legislation; it needs very careful consideration. It is vital in the exercise of discretion of allowing limited registration that professional standards are maintained and that neither animal welfare nor food safety are compromised. The risk is that this limited registration could open a back door to allow the registration of unqualified people. I accept the intention of this part of the Bill was to allow for call up of support persons in the case of an emergency such as happened with foot and mouth disease. The wording demands careful consideration to ensure protection is in place and there is no risk of any back door registration. This issue will be raised again on Committee Stage.

I welcome the amendment arising from discussions in the Seanad on the welfare of animals and the specifying that an unregistered person may treat an animal in an emergency only when a vet will not be available "within a reasonable time". The difficulties of wording and interpreting precise meanings are apparent in the use of "within a reasonable time" rather than "immediately available". The term "within a reasonable time" takes account of the difficulty and removes the difficulty with "immediately available", which is something that probably could not be delivered on anyhow.

The issue of the writing of prescriptions was raised previously. Account must be taken of the serious concerns that prescriptions that could only be written by vets may mean that people will buy up the prescription in quantity or that a black market may open up. This issue has been debated in the Joint Committee on Agriculture and Food a number of times. It is an important issue that must be addressed.

I welcome the extension of the Freedom of Information Act to include the veterinary council and that the disclosure of information by the members of the council or its staff in the course of their work, will be liable under the FOI Act, subject to the usual provisions. This was never a concern, but there was a query as to whether this should be covered under the Act or under this Bill. I would prefer if it was covered in this Bill, but this may be a matter for further consideration on Committee Stage.

Following from the right of disclosure under the FOI Act, or through this Bill as proposed, it is important transparency should apply when the council is investigating a complaint against a vet. This issue is addressed at some length. Early consultation with the vet against whom the complaint is being made is important for the credibility of the system and for justice to be seen to be done. Actions taken or hearings carried out behind closed doors or without informing people lead to resentment at best and may lead to unnecessary and protracted investigations which might be avoided with appropriate initial consultation. A consultation with the alleged offender may well clear up what is a minor issue. If it is a major cause for concern, it is equally important that all investigations are seen to be open and transparent. Therefore, an initial consultation process is desirable.

I welcome the Bill in principle, because it is overdue. It is important for the veterinary profession, the economy, the welfare of our animals and the maintenance of safety in the food chain.

Vets work extremely hard, often in difficult circumstances. We are lucky that there is an excellent faculty of veterinary medicine in this country. We should recognise that Athlone Institute of Technology provides a very good service by training veterinary nurses. The institute also delivers equine training courses, which are closely related to the matter under discussion although not necessarily relevant to this Bill. As I was closely involved with the former National Council for Educational Awards, which is now known as the Higher Education and Training Awards Council, it is important for me to recognise that all the various courses will develop from certificate to diploma to degree courses, as appropriate. I know HETAC will meet the needs of those who are looking for courses of a high standard.

The standards of the long-established UCD veterinary college are widely acknowledged throughout the world. Many of the college's graduates are recognised for their expertise, not only as practitioners but also as professionals in the fields of research and teaching. The college provides education and training on various aspects of the duties of veterinary professionals, as delivered by such professionals on a daily basis. I read a fascinating profile of a veterinary professional earlier this week. The woman in question returned from Australia to Ireland, via the UK, to establish a veterinary practice specialising in exotic pets in County Wicklow. It was interesting to read about the wide range of exotic animals, including snakes and rare birds, with which she deals. It must be extremely challenging to treat such animals. The job of doctors is much easier, by comparison, given that their patients can communicate and give some hint of the direction they would like their treatment to take. One's labrador cannot say whether its grumpy humour is caused by a toothache or a hamstring strain.

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