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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: People who have qualified for payments for the past 15 years are receiving notification that they no longer qualify. The two sets of circumstances are similar.

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

Éamon Ó Cuív: Would an order of a court be required indicating that the person had broken the law or would it be a matter of the Minister forming the opinion that the person had broken the law?

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

Éamon Ó Cuív: It would not be based on a decision by a court that the law had been broken.

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

Éamon Ó Cuív: The courts are the privilege of the rich; they are not practical for the poor. If the owner of three cows contacts my office because the Minister has refused compensation, I will point out that taking a case to court is akin to placing a €30,000 bet on a horse at the Galway Races. One could win €60,000 or just as easily lose the €30,000. The same principle applies...

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

Éamon Ó Cuív: Can the matter be referred to the Ombudsman?

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

Éamon Ó Cuív: The Minister knows that from being a Minister. A Minister has got a few thousand civil servants and he cannot go out on the farm and investigate the circumstances and, therefore, the report comes back up through the same chain of command. Will the Minister clarify between now and Report Stage whether a person would have a right to get such a decision examined by the Ombudsman for fair procedure?

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

Éamon Ó Cuív: Will the Minister investigate that?

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. 62: In page 31, line 12, to delete "arbitration" and substitute the following: "an arbitration panel which includes a representative of the applicant 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 move amendment No. 64: In page 33, subsection (3), between lines 3 and 4, to insert the following:"(d) shall inform the owner of the independent appeals process to the decision and the associated timeframe.".

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. 65: In page 34, between lines 14 and 15, to insert the following subsection: "(5) All such regulations will be brought before the relevant committee of the House for discussion before being approved by the House.".This amendment comes back to the question of the regulations and my belief that they should come before the relevant committees of the House for discussion....

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

Éamon Ó Cuív: Consistency is a sign of a sick mind. In a logical world we would get the whole Oireachtas to agree that no regulations would be introduced without first being discussed at the relevant committee, but we do not live in logical world. If I am waiting for that to happen on a global scale, given the lack of progress in Dáil reform, I will be left waiting. What is needed to change this...

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 the point the Minister is making. He could, however, accept an amendment on Report Stage saying the regulation should be discussed by a committee in the 21 day period. I am a little surprised, however, by what he says. Section 26(3) states: "Where the Minister proposes to make regulations under this section, a draft of the regulation shall be laid before each House of the...

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 where I made my initial proposal.

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

Éamon Ó Cuív: It was then that the Minister said we could not do what I propose, on time grounds. In the case of section 26, it can be done on time grounds. When discussing section 26, the Minister rejected my amendment because it might be necessary to bring in an emergency regulation. That is incorrect.

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 that amendment No. 65 must be amended because of the wording, "All such regulations will be brought before the relevant committee of the House for discussion before being approved by the House". Perhaps the wording should be, "before being approved or annulled by the House". I do not know whether we annul or approve regulations when we bring them before the House. In the 21 day...

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

Éamon Ó Cuív: I thought regulations were always brought to the House.

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

Éamon Ó Cuív: I know that, but do we not still have a motion in the House?

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

Éamon Ó Cuív: Is that called approval of the regulation?

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

Éamon Ó Cuív: The Minister makes a regulation but before it is approved by the House it should be debated in committee. I think my amendment stands valid but the Minister disagrees with it. I am pressing it because I believe it is time we changed this practice. I know this is a hotchpotch way of doing things. I would much prefer it were done in an omnibus fashion, but we have to start somewhere. We...

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. 66: In page 34, subsection (1), line 17, after “Minister” to insert “or an authorised officer of the Department”.

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