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Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I will deal with these separately. We held a discussion on the matter on Committee Stage. Deputy Ó Cuív sought to set up two classes of authorised officer. The first was an officer of the Minister, who, I understood at the time, was to be a veterinary surgeon or somehow more qualified than a person who was simply an authorised officer under the provisions we are discussing. I...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 37:In page 38, to delete lines 38 to 40 and substitute the following:“(2) Where a person is arrested by a member of the Garda Síochána under subsection (1), the person shall be taken by the member to a Garda Síochána station and may be detained there or arrested and detained there in accordance with section 4 of the Criminal Justice Act 1984...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 39:In page 44, between lines 39 and 40, to insert the following:“(5) Where a local authority, the Minister or a person who appointed an authorised officer proposes to recover the costs of anything done under this section, the authority, Minister or person shall—(a) inform by notice the person concerned of the costs (including, but not limited to, salaries,...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 40:In page 46, to delete lines 18 to 24 and substitute the following:“49.—(1) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under section 18, 51(4) or 36(4)(a), an offence referred to in section 52(1) or an offence under section 64(4), he or she shall report this to, as the case may...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: We are all at the same thing here. Section 37(1) states: "The Minister may for the purposes of enforcing this Act or an EU measure, appoint in writing, such persons or classes of person as he or she considers appropriate to be authorised officers for the exercise of all or any of the functions conferred on an authorised officer under this Act specified in the appointment." I do not want to...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I accept that, but I want the flexibility to appoint the right people. We will be screening potential officers to ensure they have the experience. The last thing we want is to appoint someone with the powers of an authorised officer who means well but does not know what he or she is doing. This would cause real damage to what we are trying to achieve with the legislation.

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 31:In page 35, line 18, after “Act” to insert the following:“in the functional area of the authority, or other authority in accordance with subsection (5)(b),”.

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 32:In page 35, line 21, after “Act” to insert the following:“in the functional area of the authority, or other authority in accordance with subsection 5(b)”.

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 33:In page 35, between lines 27 and 28, to insert the following:“(4) An authorised officer appointed under subsection (3) shall not exercise a function conferred on an authorised officer in relation to—(a) an animal of the bovine, ovine, porcine or caprine species which is kept on a farm for the commercial production of food for human consumption, or (b) a...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 21:In page 27, line 22, to delete "prior to" and substitute "of".

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 22:In page 27, line 31, after "shall" to insert the following:", unless otherwise provided for in regulations under section 27(2)*".

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 23:In page 28, line 3, after "subsection (2)" to insert "or regulations made under section 27(2)*".

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 24:In page 28, line 5, after "subsection (2)" to insert the following:" or, as the case may be, regulations made under section 27(2)*".

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 25:In page 29, between lines 32 and 33, to insert the following:"(4) Where the Minister proposes to recover costs under subsection (3), the Minister shall—(a) inform by notice the person concerned of the costs (including, but not limited to, salaries, subsistence, hiring of vehicles, machinery or equipment, feeding and veterinary fees) the reason for the costs and...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 27:In page 35, between lines 9 and 10, to insert the following:"(5) Section 16 of the Dog Breeding Establishments Act 2010 does not apply to a dog in a dog breeding establishment where—(a) the dog is implanted with a microchip, or (b) the dog is removed, caused to be removed or its removal has been permitted to another premises, in accordance with animal health...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: My legal advice is that the current wording allows that an officer of suitable grade can act for the Minister in appointing authorised officers and that therefore the amendment is not required, but when I read section 37 as a lay person I do not see how that view is accommodated, so I am happy to accept the amendment.

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I would like to think that the Government is making progress on that. In general, I think the formulation of policy and legislation is not being currently rushed through unless it is forced on us. I can cite a good example of why I cannot accept this amendment. In 2001 during the foot and mouth crisis, the then Minister made an order restricting the movement of animal and animal products...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I will respond to that. The case of animal health levies which the Deputy has raised is a fair point. The section the Deputy is seeking to amend states: "Where the Minister proposes to make regulations under this section, [that is, animal health levies] a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: I move amendment No. 20:In page 27, to delete lines 4 to 18 and substitute the following: 27.—(1) A person shall not export or attempt to export an animal live from the State unless he or she—(a) has paid to the Minister the amount of any outstanding animal health levy, or (b) is acting in accordance with regulations under this section relating to the payment to the Minister...

Animal Health and Welfare Bill 2012 [Seanad]: Report Stage (Resumed) (27 Mar 2013)

Simon Coveney: The amendments I propose to section 27 are designed to provide for maximum flexibility so the arrangements for the collection of the animal levies can be amended in future via regulations to reflect best practice in terms of efficiency and public accounting requirements. Accordingly, the requirement for advance payment of the levy, whether in cash format or, if possible, securely, in respect...

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