John Browne (Wexford, Fianna Fail)

Arising from concerns expressed in both Houses, the Minister for Agriculture and Food, Deputy Coughlan, agreed to substantial amendments to this section under which investigations by authorised officers of the council at veterinary premises will be carried out under a search warrant.

Amendment No. 28 deals with the seizure of animals in the context of investigations. The Minister explained on Committee Stage that she could not accept this having taken into account the legal advice of the Attorney General's office. She has since given the matter further consideration and, where authorised officers of the council seize animals belonging to a third party, they will be assumed to take on a duty of care for the animals and it is reasonable to assume they would inform the owner. It is not, however, appropriate to cover such procedural matters in primary legislation.

There are also concerns about paragraph (b) of the amendment where there would be a more specific difficulty. There may be cases other than potential ill treatment where it would not be possible or appropriate to return animals to the owner. The animals may have been given banned drugs requiring their removal from the food chain. Bearing in mind the substantial amendment which the Minister accepted on Committee Stage on veterinary premises, the correct balance has been struck and, accordingly, we do not propose to accept the amendment.

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