Michael Colreavy (Sligo-North Leitrim, Sinn Fein) | Oireachtas source

It must have been a wild Donegal cat if it took three gardaí and an NGO to deal with it, although I have known some cats in Donegal.

I commend the Minister and the Department on producing this legislation and I commend the previous Government for initiating the work on it. I acknowledge the Minister's commitment to animal welfare and I have no doubt the legislation will be improved as it goes through the different Stages in the House.

It is important legislation, which attempts to bring previous legislation that sets out the requirements to ensure the health and well-being of animals into line and it is important that through the Bill the health and welfare of animals are inextricably linked. Farmers and pet owners know that the better the welfare of the animal, the greater the chance that it will remain disease free. It is almost a mantra that agriculture, food and fisheries contributes €8.9 billion to the economy annually. In 2011, milk output was worth €2.67 billion; beef output, €1.8 billion; pig output, €395 million; and sheep output, €180 million. Clearly, this would not be the case if there were doubts about the standard of animal health and welfare in this State. We have worked to ensure domestic agricultural and food products enjoy a lofty reputation throughout the world. Access to foreign markets such as China is of significant benefit to the economy and this has great potential to deliver more in the future. Many of the countries we trade with are attracted to Irish agriculture because of its high standard of disease free animals and produce and it is important to maintain these standards.

The main legislation in operation in this area is the Cruelty to Animals Act 1911 and the Diseases of Animals Act 1966, both of which have been amended extensively through the years. It was clear that there were gaps and overlaps in them and it was equally clear that a new Bill would have to be introduced to modernise and standardise the legislation in this area. It is complex and it took a long time to do this but it was necessary work. The purpose of the legislation is twofold. It should make it easy for the owners of animals to understand what is intended in the legislation and it should provide for a system of monitoring and enforcement to ensure the provisions are adhered to by those who own or manage animals. Legislation can increase or reduce bureaucracy and the intention should be to limit it as much as possible by creating clear objectives about what needs to be done to maintain our high standards of animal health and welfare and to do the right thing by animals.

I will ask the Minister to re-examine aspects of the legislation which relate to issues we have raised in the House previously. Questions remain about the compensation that will be provided to farmers under the legislation. Part 6 states, "The Minister may pay" compensation to farmers whose animals have to be disposed due to disease. This needs to be clarified. Farmers whose animals have contracted disease through no fault of their own must be awarded compensation for the loss of their stock because this is in the national interest as well as the in the interest of the farmer and his community. Farmers who have lost their animals due to disease need to be provided with the supports to aid them to return to farming as easily, quickly and safely as possible. In a climate of rural decline, it is essential that as many farmers as possible are involved in the industry and the Government must help to ensure that those whose animals have been affected by disease are adequately compensated. We must always think of the value of the industry to the economy.

I also have concerns about the powers of inspection of authorised officers. The law should apply equally to all, including farmers. The powers outlined in the legislation are somewhat vague and need to be clarified. I would not want the powers of inspection privatised and those involved in the inspection process absolved of accountability. Safeguards are, therefore, needed. It is important to strike a balance between the need to have an effective process of inspection and the need to ensure farmers’ rights are not trampled on. I acknowledge it is not the Minister's intention to trample on anybody's rights but perhaps a little clarity is needed regarding some provisions.

It is also necessary to differentiate between farm animals and pets. Both categories of animal deserve the highest standard of health and welfare regulation but it would be unwise to ignore fundamental differences between them. This legislation probably needs to do more to explain or develop the differences between farm animals and pets. This has caused confusion amongst many in the farming community. The Minister must clarify these subtleties in this legislation in order that it is clear to everyone what it means for farmers and pet owners.

A few notable exemptions need to be dealt with either in this or another Bill. I have raised some previously in the House and at the Joint Committee on Agriculture, Food and the Marine. The issue of fur farms is not mentioned in the legislation. There has been a great deal of reportage about cruel and unhealthy conditions for animals on these farms and this needs to be addressed.

Moreover, as I have noted several times previously, I am unsure whether the legislation before Members protects adequately the welfare and health of racehorses. Having examined the Welfare of Greyhounds Bill published last year and having considered the need for the protection of the health and welfare of racehorses, I do not discern the same level of detail or enforcement levels in this Bill as I did in the Welfare of Greyhounds Bill. Consequently, this is another area Members must consider.

Overall, this legislation is both welcome and necessary and it is the task of all Members to try to make it as good as it possibly can be. I accept the Minister's statement that the Bill will be debated fully and he will take on board suggestions. I am sorry I will not be attending the select committee to talk through many of the proposed changes but the Minister may rest assured that I will liaise closely with my party colleague, Deputy Martin Ferris, to ensure continuity in our respective presentations. I thank the Minister.

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