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Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I believe we are dealing with the previous section.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: This is section 30, amendment No. 31.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: This is an important issue and this section and the next section are probably of most concern to farm organisations. For this reason I am keen to clarify several things. Let us consider the case of a farmer with a reactor in his herd or who must have his herd destroyed in an effort to prevent disease spreading because of a bio-security risk. That farmer will be compensated and such a...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I am glad the Cooley farms legal case was raised. I would like to make a few points in this regard as it is important we address this fully and I do not want to leave any doubt. First, this Bill is in line with the Cooley farms case, which stated clearly that the Constitution protects property and, therefore, people will get paid as a result of losing their property if the State requires...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I do not have the exact figure, but it is somewhere around that.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I am not going to accept these amendments at the moment, but this is an area we are examining. I am trying to get the balance right in ensuring that one has a genuinely independent valuer. One of the good things about rural Ireland is that people know each other. They are likely to bump into the valuer in a pub or outside the church. That is a strength but it is also a potential weakness...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: This is a fairly straightforward amendment which seeks to change the number of days from 14 to five. If the Minister or owner of a farm animal, animal product, animal feed or other thing related to the farm animal being valued, on receipt of the report referred to in subsection (6), which is the valuation, is dissatisfied with the determination of the valuer on the first valuation, he or she...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: It is one thing to choose the valuer in terms of the possibility of a personal relationship being an influencing factor on the valuation. While that is only a slim possibility, we need to legislate for it. It is another thing to suggest that an issue has arisen in terms of issuing guidelines. When it comes to valuations, we need consistency. If one wants consistency, there must be...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: This is linked to the appeals process and the original valuation. We are trying to strike a balance between the three processes so that if a mistake is made on the original valuation it will be picked up on during the appeal and if not picked on then will go through the arbitration system, which will come up with a fair valuation. To accept an amendment on one without knowing what we are...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: This proposal clarifies the arrangements for abatement of compensation and makes them more generous in that instead of abatement only being totalled, a partial limitation can be applied. This relates to the particular circumstances in respect of which one would limit compensation. Rather than giving full compensation one would have the capacity to give partial compensation in the...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: No.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I understand that there may be some concern on this matter. The Bill provides on page 32, line 24, subsection (3)(b) that the Minister may consider any representations duly made. People can essentially make their case and the Minister takes that into account. Ultimately, if the second valuation, appeal of valuation and arbitration structures do not apply because the Minister has deemed...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I do not know why amendment No. 48 is being taken with amendment No. 43 because they are on entirely different issues. One amendment is about an appeal with regard to an animal welfare notice, and we will discuss that section shortly, which is an entirely different issue to somebody not receiving compensation after a disease outbreak which caused the destruction of a herd because the animals...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I thank the Deputy.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I do not propose to accept the amendment because I do not want a situation where a Minister makes a regulation conditional on something that is difficult to define. Everything would be conditional on sound scientific information. If one acts on a report about blatant cruelty to an animal, it would have nothing to do with sound scientific information. The word "scientific" suggests an onus...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: This is a technical amendment which was recommended by the Office of the Attorney General because it uses more exact language. Any Member who is a barrister or solicitor will probably appreciate the difference in the terminology but it is not an issue of substance.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I am not going to get into a debate on hare coursing but I respect the Senator's views. We have endeavoured to get the balance right with this legislation in order to protect vulnerable animals, to ensure people realise the responsibility that comes with ownership of animals and to act more effectively on bio-security issues. We have deliberately left alone the legal status of hunting and...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: I fear I may be ridiculed if I read my note on the matter.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: On a serious note there is a significant threat to the health of bee populations in Ireland and across Europe and North America, with the result that honey has become a valuable commodity. We should be much more proactive in developing a commercial honey industry in this country. One should consider what has been achieved in Scotland in the Scottish Highlands on the back of heather in...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (20 Jun 2012)

Simon Coveney: While I will consider this suggestion, one must allow authorised officers to inspect. For example, in an emergency case in which a rapid inspection was necessary, not being legally allowed to go on-site unless one was accompanied by an appointed authorised officer from another organisation would be very limiting. While it will be difficult to accommodate this proposal, I will consider what...

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