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Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: As I outlined earlier, we are not sitting in the dark about the Attorney General's advice. As recently as last week we received a new legal opinion from stakeholders. As I pointed out earlier, if I came in here tonight and said, "We had a quick look at it, we are not accepting it and we are not giving it the due consideration that it is worth", then we would be having a different discussion...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: As soon as we can but we want to ensure we give the advice due consideration. We are all aware of the time pressure concerning this legislation, and not just for this element but for the fertiliser element, which we will discuss later. That directly impacts on farmers in respect of the range of options they will have, for the eco schemes that they can join and all the rest. The...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: I thank the Senator for his questions and Dr. Corkery will answer the questions about an annual prescription and decoupling.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: I will come back to a previous point. Obviously, the Chairman's points about the responsible person are valid. They were echoed by other members of committee. We are looking at the latest legal opinion to see if we can make that work. Outside of that, pre-legislative scrutiny is all about having these types of detailed debates around impediments where the Department officials, as very...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: I understand that.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: I thank Deputy Carthy for those supplementary questions. Dr. Corkery outlined earlier the challenges around decoupling, not just in terms of state aid. State aid rules were investigated by my Department, however, and it was found that to restrict the supply of veterinary medicines from one grouping for economic reasons would be considered state aid. A sound evidential basis in veterinary...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: Obviously, the Department of Agriculture, Food and the Marine has its own legal team to look at legal opinions. The Attorney General also has a key role to play in legal advice for the Government .

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: In order to provide absolute clarification, the legal services team in the Department of Agriculture, Food and the Marine is looking at the opinion

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: The legal services team is looking at it now.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: Before going to the Attorney General, the legal services section of the Department would look at it.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: I have not said that it will not come to that. I have not given a clear timeframe on it. I am saying that as soon as possible,-----

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: Our legal services team is looking at it. I am giving a commitment that the opinion will be gone through with a fine-tooth comb by my Department in order to see if there is any way we can make it work. It would solve a lot of problems on all sides. We know that expedience is needed in passing this proposed legislation. Does the Deputy think that if we could find a solution that we were...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: Barristers and solicitors within our Department.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: I understand that the HPRA report was published in December 2019. That was-----

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: I will refer to Mr. Corkery on that one.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: Sorry I want to-----

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: On the analogy of going across farms, is Deputy Fitzmaurice talking about contractors?

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: There are not many green fields at that end of Kildare.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: Yes, it does.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2022: Discussion (Resumed) (11 Oct 2022)

Martin Heydon: Yes.

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