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Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: We may be covered because the end of section 11(1)(a) states "in accordance with established experience and scientific knowledge". I believe that line covers the cat running out of the window and getting run down by a car, which is established experience, I would say.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: It is a separate subheading. The first subheading specifies: ensure that the animal is--(i) treated in a manner that--(I) safeguards the health and welfare of the animal, and (II) does not threaten the health or welfare of the animal or another animal,and (ii) bred or kept, having regard to the species and the degree of development, adaptation and domestication of the animal and to its...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: On the issue of straying animals, we have accepted the word "reasonable". That related to the previous two sections. This relates to the general animal welfare issue.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: Yes. It covers all animals. According to the legal opinion I have on this amendment, this proposal was discussed in the Seanad and, unlike the similar wording in section 8, it was agreed not to amend the wording from "necessary" to "reasonable". This section is fundamental to the Bill. Furthermore, while it is relatively clear-cut with regard to the buildings or fences and the requirement...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: Do they?

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: We had that.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: Section 11(1)(a) refers to the animal's nature, type, species, breed and development.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: If the Deputy looks at section 11(1)(a), he can see that the word "and" and not the word "or" is between subsection (1)(a)(i) and subsection (1)(a)(ii). The subsection states: A person who has in his or her possession or under his or her control a protected animal shall take all necessary steps to--(a) ensure that the animal is--(i) treated in a manner that--(I) safeguards the health and...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: I do, particularly in respect of amendment No. 15 because what is being proposed here is good but it does not make legal sense to do it. I will explain why this is the case. What Deputies Ó Cuív and Pringle are proposing in amendment No. 15 is essentially to put the five freedoms into this legislation because for most people, they are the accepted measurement of whether one is...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: All of the provisions of the Bill will be required at all times and not only at sporting events. The amendment seeks to include animals prior to, during and after entertainment or sporting events, and the case I would make is that the provisions should apply at all times, whether training or at an event, and whether events are sporting or not. Later we will deal with a section on the...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: I did not refer to the amendment specifically. My view is that it is covered under the five freedoms listed in amendment No. 15 which I believe are already catered for in various sections of the Bill. I can send the Deputy a note on the five freedoms. I believe it is unnecessary to introduce the proposed subsection.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: I will accept amendment No. 21 as I agree it will improve the situation because it will allow action to be taken on what might happen rather than what is happening at present or what has happened. To shorten the list, we agree on amendments Nos. 22 and 23 because we are seeking the same end and I believe our wording is a little better. I thank Deputy Ó Cuív for accepting it. ...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: We need to deal with this type of practice through codes of conduct or regulation. Section 16 of the Bill allows us to do so comprehensively. I do not propose to accept amendment No. 16 because I believe it weakens the law. I will accept amendment No. 17 because the issue of disfigurement is dealt with in a later section. Amendment No. 18 proposes the deletion of subsection 2(a) and (b)....

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: If it is necessary for a person to transport animals then he or she must do so under the accepted regulations.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: Correct.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: That is not an unfair point. The issue is whether we need to spell it out further. I am prepared to accept amendment No. 17 regarding the deletion of the words "injury (including disfigurement), or" because this matter is dealt with in some detail in another section. There is a need to spell out in pretty blunt language exactly what is meant by cruelty.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: I will reflect on the matter. I accept the Deputy's point in regard to listing specific actions, which creates categories in terms of actions listed and not listed. We have rejected people's attempts to list animals in the middle of a performance or sport because this is already dealt with in the general wording of the Bill. I will reflect on the matter rather than accept the amendment...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: Yes.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: Correct.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Simon Coveney: That is my understanding unless we say in the legislation that somebody is required to abide by a code of practice, or we introduce a regulation to that effect.

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