John Browne (Wexford, Fianna Fail) | Oireachtas source

I welcome the Animal Health and Welfare Bill 2012, which updates existing legislation and creates a new onus on owners to protect their animals' welfare. The Bill's dual focus on animal health and welfare will copper fasten advances in how we treat animals and counter the threat of epidemics devastating our livestock. Much of the Bill was inherited by the Minister, Deputy Coveney, from the previous Fianna Fáil Government and I am glad that he has continued to make progress on it. I support the consensual cross-party approach that he has taken to amendments tabled by Fianna Fáil in the Seanad and I am sure he will continue in that spirit as the Bill progresses through this House.

The Bill must not make it impossible for farmers to operate. The crux of the issue will be the impact it has on farms across the country. I am sure that the Minister, as someone who comes from farming stock himself, has held meetings with the IFA, the ICMSA and other farming organisations prior to introducing the Bill to the House. Farmers in my county have expressed concerns about the appointment of inspectors, changes in compensation arrangements, ramped up codes of practice, levies and other practical issues that they may face in this legislation. These issues must be clarified and addressed by the Minister in order to ensure that the Bill has a positive long-term impact for farmers and the animals we are obliged to protect.

Their Bill's overall emphasis on creating a strong framework for enhanced animal welfare underpins a long tradition of farmers caring for their animals. Farmers in general show a caring attitude towards animals and, indeed, often treat them like children. Whether in snow, rain or frost, farmers generally do a good job in caring for their animals. The foot and mouth outbreak several years ago demonstrated beyond doubt the concerns that farmers have for their products and communities. They went beyond the bounds of reasonable effort to protect their farms and animals. The focus on ramped up powers to prevent, control and eradicate animal diseases will help to secure the agri-food industry from the damage that disease can do. Speakers on all sides of the House have stressed the importance of the food industry to this country. The Minister is progressing the Harvest 2020 project as the way forward for the industry. Over the summer months I have read a number of articles by experts who argued this is one of the ways we can develop the economy and get out of our current financial situation.

However, farmers are critical of the prices they are currently getting for the food they produce in a clean and green environment, particularly from the multinationals. Today there have been protests in Portlaoise and it is time that the multinationals wake up to the fact that farmers are producing food to the highest standards but because of the cost factors that are now built into production they need to achieve a decent price.

The introduction of a positive duty to ensure the health and safety of animals and the tightening of the law regarding outright animal cruelty are important innovations which we in this House must support. The concept of pre-emptive action is a significant departure from the existing reactive nature of the legislation. Preventing cruelty before it occurs rather than responding to wanton cruelty after the fact is a major step forward for animal welfare. The current constraints that prevent authorised officers from taking action to prevent the infliction of harm on an animal has shackled their capacity to uphold animal welfare. This Bill allows for a substantial expansion of powers in order to permit pre-emptive interventions. Officers will be able to take actions such as removing animals or requiring an order to secure veterinary help. Too often in the past owners have neglected to deal with animals suffering from diseases or did not call the vet because they believed it was too expensive to do so.

The Protection of Animals Act 1911 is the basic framework for animal welfare in Ireland but it is time for a change because the Act reflects its era and now has limited application and scope. Changing values about how we treat animals and the development of scientific understanding of animals over the past century underlines the need for the sweeping changes introduced in this Bill. The concept of cruelty has certainly expanded since the original 1911 Act and these changes need to be reflected in legislation. The Bill provides powers to ensure that those guilty of intentional harm, neglect or recklessness towards an animal are liable for payment of subsequent necessary veterinary care. Additional powers long sought by the courts have been provided in order to prevent negligent individuals from owning an animal if found guilty of an offence under the Bill. Too often farmers and animal owners who were found guilty of negligence were allowed to continue to farm and own animals. These powers are strong and sweeping but I hope they will be used sparingly.

Dogfighting was banned in this country in 1911. Yet, the barbaric practice continues, particularly among organised criminal gangs and in the Border counties. We see occasional television programmes or media reports about dog fighting and dog fighting rings. Some of these rings have been broken up by the Garda but much remains to be done to strengthen the Garda in acting against this type of crime. The expansion of the law into ancillary activity related to illegal fighting will ensure gardaí have the capacity to charge those engaged in dog fighting at any point. I welcome the efforts to ensure the organisers of these events cannot evade criminal responsibility for their actions by claiming they were simply spectators. It is important that members of the public who are aware of such dog fighting operations report them to the gardaí and to the Department of Agriculture, Food and the Marine and help to put an end to this barbaric practice which has gone on for far too long.

The tightening of the law on the abandonment of animals by ensuring that responsibility remains with the owner, specifying abandonment as an offence and detailing responsibilities towards the animal and for adequate provision of care under the scope of cruelty, is a welcome measure towards the tackling of abandonment.

In my county, huge damage is done every year to the sheep industry by marauding dogs that are not under anyone's control. More often than not, when sheep are attacked, killed, maimed and seriously damaged, no one seems to own the dog or dogs responsible. It is of grave concern to farmers when sheep are damaged or killed. Last year, some farmers in Wexford lost up to 30, 40 or 50 sheep to marauding dogs. It is important that some type of legislation be introduced to deal with this problem. I hope the Bill will deal with this area. Uncontrolled and unlicensed dogs are a major concern to farmers, who often have no way of knowing who owns the dogs that have damaged their sheep. I ask the Minister to take serious note of this issue.

Farm organisations have expressed some concerns about the Bill, but I am sure the Minister has met with these organisations and that he will continue to liaise with them to iron out any difficulties they have in this area.

I welcome the fact the Minister has brought the Bill before the House. It is a step in the right direction and can only do good, both for the farming community and with regard to the control of dogs and other animals that need to be brought under control.

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