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

Éamon Ó Cuív: I move amendment No. 45: In page 23, subsection (1), line 39, to delete "authorised officer" and substitute the following: "inspector or an authorised officer acting on the advice of a veterinary practitioner".

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

Éamon Ó Cuív: I move amendment No. 46: In page 23, subsection (1), line 41, to delete "acute".

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

Éamon Ó Cuív: Is the Minister saying that, in effect, if the animal is in distress or neglected, in reality there will be no constraint on an authorised officer taking action?

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

Éamon Ó Cuív: Is it "or" or "and"?

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

Éamon Ó Cuív: I accept it if it has "and" in it. I have a big interest in dictionaries and Deputy McNamara understands what I am saying.

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

Éamon Ó Cuív: Has amendment No. 49a been grouped with amendment No. 50?

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

Éamon Ó Cuív: Fair enough.

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

Éamon Ó Cuív: I move amendment No. 53: In page 26, subsection (3), line 23, after “House” to insert the following: “having been discussed by the relevant Committee of the House”.The purpose of my amendment is to ensure that now that we have good and effective Oireachtas committees no regulations are signed by a Minister without first being discussed by a committee. If we...

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

Éamon Ó Cuív: When I was a Minister on the other side of the House I did this with regulations and I was one of the first Ministers who brought regulations to committees. I remember one regulation that could have been contentious but we twice went over very detailed procedure and followed the advice given by the committee. What could have been contentious turned out to be not contentious at all. I...

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

Éamon Ó Cuív: I move amendment No. 54: In page 28, subsection (1)(h), line 26, to delete “identified” and substitute “possible to identify”.The phrase in the Bill states, "it is not identified in accordance with animal health and welfare regulations". This may be a pedantic point but until someone identifies it, it is not identified. My view is that it is intended to refer to...

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

Éamon Ó Cuív: We must go with the superior advice. I am not convinced but I will not die in the ditches on that point.

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

Éamon Ó Cuív: I acknowledge that the Minister has recast section 32 by tabling amendment No. 60. It is an improvement on what was there before. I also accept the Minister's statement that one cannot value individual chickens or whatever. My worry is that a Minister could start issuing guidelines that would mean that people would not get full compensation at the value on the day. I will reflect on the...

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

Éamon Ó Cuív: Amendment No. 64 in my name seeks to set out procedures on the abatement of compensation. I fully accept there are situations as the Minister has outlined in which compensation should not and cannot be paid. People cannot be compensated if they have drawn the problem on themselves. I believe that if compensation is refused, there is a right to seek an independent appeal and it is very...

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

Éamon Ó Cuív: I am proposing an amendment to section 35.

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

Éamon Ó Cuív: Yes.

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

Éamon Ó Cuív: What is my point?

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

Éamon Ó Cuív: Is it not possible to use the Department's internal appeals process?

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

Éamon Ó Cuív: That is always the case in appeals processes. If one appeals a decision not to award a grant, it is dealt with by the appeals section of the Department and one is effectively appealing against the Minister.

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

Éamon Ó Cuív: Let us take as an example a refusal to make a disadvantaged areas payment on the ground that the Minister believes the applicant did not submit a form in time. The applicant may appeal the Minister's decision and if he or she can prove the form was submitted on time, force majeure circumstances apply and he or she can avail of the Department's appeals process to have the decision overturned....

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

Éamon Ó Cuív: I do not mean any disrespect but officials in the Department of Social Protection would tell the Minister that applications for invalidity pensions, disability pensions and many other payments are currently being refused by rote, despite medical evidence and so forth being available, and applicants are being told they can appeal the decision. Who is to say this practice will not occur in the...

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