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Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I will withdraw it. I accept totally what the Minister has said. I would just like to clarify the reasoning behind the words "necessary" and "reasonable". If a farmer has put up fencing, and for one reason or another, people break those fences and animals stray, then the question of "necessary" versus "reasonable" comes into play, as well as the potential of fines and whether they are...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I move amendment No.2: In page 11, subsection (1)(b)(ii), line 19, after "kept" to insert the following: "having regard to the potential of wind borne spread of disease or of protected or other species of wildlife spreading disease". This amendment again deals with section 8(1) and the risk or spread of disease onto farmland or premises on which the animal is kept. The potential of wind...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I will withdraw the amendment. This is a matter of practicality. A farmer should not be legally liable if a wind borne disease is present on his or her land. If the Minister or his officials have an opportunity to speak to some of the farm organisations that would be welcome.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I agree with Senator Bradford. He has pointed out a matter that might require further discussion. This issue has to do with section 8 on animals straying. According to the wording of subsection (4), if a person is in possession of an animal, for example, someone in a contract rearing or bed and breakfast arrangement who looks after animals, and the animal strays, the owner is culpable even...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I move amendment No. 4: In page 12, lines 19 to 21, to delete subsection (4) and substitute the following: "(4) The Minister may for the purposed of subsection (3) issue a permit and may attach such terms and conditions to it as he or she considers appropriate.". This amendment concerns authorised officers, who are defined in section 2 as a member of the Garda Síochána, an officer of...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I fully appreciate the Minister's comments and accept his reference to making the system too unwieldy. If there was an issue in every county on a particular day and everything had to go through the Minister, I appreciate it would take more time to deal with it. The authorised officers will be professional staff, but they can be members of An Garda Síochána and Customs officers. In this...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I will withdraw the amendment on the basis of the Minister's undertaking to review the matter.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I move amendment No. 6: In page 13, subsection (1), line 5, to delete "necessary" and substitute "reasonable". In light of the Minister's offer to review the proposal before Report Stage, I will withdraw the amendment.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I move amendment No. 7: In page 13, subsection (1)(b), lines 23 and 24, to delete all words from and including "that" in line 23 down to and including "suffering" in line 24 and substitute "appropriate to the animal species". Subsection (1)(b) states: having regard to the animal's nature, type, species, breed, development and environment, ensure that all buildings, gates, fences, hedges,...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I listened carefully to the Minister and accept everything he said. Perhaps the wording in the amendment is not ideal. We will have another look at it. This side of the House supports fully anything which would ensure animals suffer less or ensure there is no undue suffering. Perhaps the wording of the amendment did not encapsulate that. We will have a look at it and maybe come back. The...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I move amendment No. 8: In page 13, subsection (1)(a), line 35, before "do," where it firstly occurs to insert "intentionally". This is the prohibition on animal cruelty section. It states: "A person shall not - (a) do, or fail to do, anything or cause or permit anything to be done to an animal that causes injury (including disfigurement) or unnecessary suffering to, or endanger the health...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I will explain where I am coming from. What about animal sports, or even, by a further extension, pest control? There are sports such as stag hunting that we are not too used to up in Donegal, but there are many other sports such as hare coursing. Where does that fall with regard to section 12? The section states: "A person shall not ... do, or fail to do, anything or cause or permit...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (22 May 2012)

Brian Ó Domhnaill: I move amendment No. 9: In page 14, subsection (2), lines 4 to 7, to delete paragraph (b). Section 12(2)(b) reads, "cruelly treat or beat, kick, ill-treat, over-work, over-drive, over-load, over-burden, torture, mutilate, infuriate or terrify an animal, or cause, procure or permit an animal to be so treated, infuriated or terrified". My amendment is to draw attention to this paragraph which...

Seanad: Order of Business (23 May 2012)

Brian Ó Domhnaill: I want to raise a number of issues, but first I want to refer to what has been said-----

Seanad: Order of Business (23 May 2012)

Brian Ó Domhnaill: You will bear with me, a Chathaoirligh. I am quite happy to raise one issue if that is what you are suggesting.

Seanad: Order of Business (23 May 2012)

Brian Ó Domhnaill: They are all linked. The personal insolvency Bill was mentioned by our leader, Senator O'Brien, who spoke about the delays in publishing the Bill and bringing it before the Oireachtas. There are about 90,000 people in mortgage arrears, as we know, and the banks are putting excruciating pressure on some of those people. They are calling them at all hours, and they are not adhering to the...

Seanad: Order of Business (23 May 2012)

Brian Ó Domhnaill: That is where the dilly-dallying is taking place.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (23 May 2012)

Brian Ó Domhnaill: I move amendment No. 15: In page 15, subsection (1), lines 22 to 25, to delete paragraph (c). The amendment proposes the deletion of section 13(1)(c). I accept I may be wrong but my rationale for this is that the paragraph appears to be extremely vague. It refers to "such other nourishment having regard to its nature, type, species, breed, development, adaptation, domestication and state of...

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (23 May 2012)

Brian Ó Domhnaill: I am quite happy with the Minister's explanation.

Seanad: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (23 May 2012)

Brian Ó Domhnaill: I move amendment No. 16: In page 16, subsection (3)(c), to delete line 28. This amendment relates to the prohibition on the abandonment of animals. Section 14(3)(c)(iii) refers to "adequate exercise". Will the Minister outline the aim of this provision?

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