Dáil debates

Thursday, 20 September 2012

Animal Health and Welfare Bill 2012 [Seanad]: Second Stage (Resumed)

 

11:30 am

Photo of Séamus HealySéamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I welcome the opportunity to speak on this Bill and commend the Minister on introducing it. This is important legislation from the point of view of animal health and welfare, the maintenance and increase of our food exports and the clean green image of Irish food products, thereby ensuring they can be sold on the international market resulting in significant progress being made in the production of Irish food for export.

One of the aims of the legislation is to bring all animal health and welfare legislation under one umbrella, including the Cruelty to Animals Act 1911 and the Disease of Animals Act 1966, both of which have been amended extensively. This Bill updates the terminology used in legislation in this area. Not alone does it outlaw animal cruelty as provided for in the 1911 Act but it places a positive obligation on owners to care for their animals through proper feeding, the provision of suitable shelter, veterinary care and so on. In the past the State could only intervene where a person failed to feed his or her animals to such an extent that the animal was malnourished to a level that clearly constituted cruelty and caused suffering. Under new provisions provided for in this Bill the appropriate authorities will be able to issue animal health and welfare notices requiring animal keepers to feed animals, improve shelter, provide medicines and so on, which is to be welcomed. The Bill provides that authorised personnel can take action in cases where animals are at risk so as to prevent suffering, which is important.

The welfare requirements contained in the Bill are informed by the five freedoms set out by the Farm Animal Welfare Council. These include freedom from hunger and thirst by way of ready access to fresh water and a diet to maintain full health; freedom from discomfort; freedom from pain, injury or disease by prevention, diagnosis and treatment; freedom to express normal behaviour and freedom from fear and distress. The Bill is important from a range of views, including, health, welfare and food exports.

The Bill updates our legislation in regard to animal fighting. While up to now it has been difficult to secure convictions in respect of animal fighting this situation is remedied under section 15 which prohibits the organisation of or participation in any performance involving, for example, wrestling with animals, dog fighting, cock fighting, animal bating, throwing or casting of ropes, riding an animal which has been stimulated with the intention of making it buck, or any other activity that may cause unnecessary suffering to animals and is prohibited by the regulations. The Bill also outlaws organisation of or attendance at this type of fighting, which is welcome.

The Bill also deals with the issue of the sale of animals to minors, a matter that has given rise to serious concern in recent years. The age in this regard has been raised from 12 to 16 years, which is welcome. However, perhaps the Minister would take another look at the relevant section, which appears loose in its wording in that the obligation is placed on the vendor to satisfy himself or herself that the minor is over 16 years of age.

Another issue is that animals roam loose on public open spaces in many areas and that is not acceptable. It is unhelpful to residents. It should be prevented and where it occurs we should make it as easy as possible for those animals to be removed. I ask the Minister to address in the legislation how we could be more effective in ensuring that animals are not allowed to roam loose on our public open spaces, particularly in housing estates.

There is also the question of the keeping and ownership of particular breeds of animals. For instance, pit bulls are being kept and are not being properly looked after. In some cases they are allowed to roam free in public areas. There is a provision that they must be muzzled and kept on a lead but the observance of that is quite loose and is not properly followed up. I ask the Minister to examine that area also.

The Bill is welcome. It updates the legislation in this area and puts an onus on the owner to ensure the health and welfare of animals. It is important legislation from a series of points of view. I ask the Minister to confirm that the Bill will not adversely affect any properly organised or regulated greyhound and coursing industries. That is an important consideration. Those important industries are widespread throughout the country and generate considerable employment. It does not appear that the provisions of the Bill would adversely affect these two industries but I would like the Minister to confirm that is the position. I welcome this important legislation and I also welcome the Minister's comments on it.

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