Results 8,141-8,160 of 40,897 for speaker:Simon Coveney

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: The Deputy should not be surprised at this provision as a similar provision was introduced in previous legislation. Appeals related to tuberculosis grants were specifically excluded from the appeals process in the Agricultural Appeals Act. When I read this Bill I asked whether it would provide for an appeals process. A Minister must have good cause for not paying compensation and the...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: If a person does not receive compensation for a diseased animal, it is because he or she has broken the law. That is different from a person being refused a pension or social welfare benefit on the basis that he or she does not qualify.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: In the cases we are discussing, the person is breaking the law. This provision applies where a person has "imported, sold, supplied, moved or otherwise dealt with the farm animal, animal product, animal feed or other thing to which the application for compensation relates in contravention of an enactment to which paragraph (f) refers." In other words, where a person breaks the law,...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: The Minister's decision would have to be consistent with the legislation.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: No, the decision lies with the Minister. However, persons who believe they have been treated unfairly have recourse to the courts.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: Taking a case to court is not the first course of action. I will read the relevant section in order that people understand the process. Subsection (3) states: (3) Where the Minister proposes to reduce or refuse to pay an amount of compensation otherwise payable to an owner referred to in subsection (1), he or she shall--(a) inform in writing the owner, stating the proposal and giving...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: I am not sure what powers the Ombudsman has in this regard.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: I presume that would be the case because an authorised officer will provide a report stating that a person has, for example, deliberately infected an animal with tuberculosis in an effort to obtain compensation.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: While I am not aware of any such determinations, I am aware there have been cases involving the deliberate spread of disease to obtain compensation.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: What would change if we adopted Deputy Ó Cuív's amendment?

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: This is where a person is being given the opportunity to come back and make representations in writing to the Minister if they feel an unfair case is being made against them. I would like to think that a Minister would be of sufficient independent mind to see that.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: I am informed they would have that right in terms of fair procedure but I would not have thought the Ombudsman would have the capacity to go out and inspect animals because he or she would not have the expertise for that. The Ombudsman would examine whether the person had been treated fairly in terms of the existing procedure.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: Yes, we can do that.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: I move amendment No. 60: In page 29, before section 32, to insert the following new section: 32.-(1) The Minister may appoint, for the purposes of assessing an amount of compensation for farm animals, animal products, animal feed or other thing relating to farm animals, such persons as valuers, if the Minister is satisfied that a person appointed has-(a ) the requisite experience in...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: I move amendment No. 62a: In page 31, line 12, to delete "by the Minister" and substitute "in accordance with regulations under section 32".

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: I do not propose to accept the amendment for the reasons outlined in respect of consistency across government. There is a standard approval process around regulations that applies across Departments, including my Department. Whereas in the majority of cases, where appropriate, the Minister should appear before a committee to ensure we get regulations right, it should not be a requirement in...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: In response to the Deputy's first contribution on this issue, the regulations take effect immediately but they can be annulled within 21 days. To be clear on the actual definition of the laying of a regulation and orders, every regulation and order made under this Act, other than an order made under section 12 or regulation made under section 26, shall be laid before the Houses of the...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: A meeting can convene?

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: It can make a recommendation to either House of the Oireachtas to annul that. It would then, obviously, need to be passed by a majority. I have some sympathy with Deputy Ó Cuív when he says we should try to make it a matter of course that a committee would be involved in discussing regulations. There are, however, times when the Minister needs to act quickly and may not have the...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (11 Dec 2012)

Simon Coveney: That is specifically for animal health levies.