Dáil debates

Wednesday, 27 March 2013

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

 

5:55 pm

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

It is important to put this matter in context. This measure provides that an authorised officer who clearly sees that there is something wrong in the context of compromising animal welfare cannot, as initially proposed, simply slap a fine of €250 on the farmer concerned. The officer must go to the local authority or back to base and report the fact and then get a second opinion before imposing the fine. In other words, this will prevent situations where there is an impulsive or power happy imposition of a fine on farmers or anybody else. That was the concern expressed. Now the officer will have to go back and get a second opinion that on the basis of a report there is a need to serve a notice. That must happen quickly. The point is that a notice will not just be about imposing a fine, but it will also give a direction to correct the problem. It is a short, sharp response to a relatively insignificant breach of animal welfare regulations. It allows a farmer or whoever is involved to receive a rap over the knuckles, pay a fine and fix the problem. If the person concerned does not fix the problem, court proceedings may be taken. This measure will keep people out of court and allow them to address what may have been a mistake of which they were not aware. This is a way of dealing with the issue without having to go to court. Where possible, we should be trying to keep people out of court for minor breaches of the rules. That is what this is about.

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