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Written Answers — Department of Communications, Energy and Natural Resources: Energy Schemes (29 Nov 2012)

Éamon Ó Cuív: To ask the Minister for Communications, Energy and Natural Resources his proposal for a pay as you save scheme to replace the better energy homes scheme; and if he will make a statement on the matter. [53267/12]

Written Answers — Department of Education and Skills: Student Grant Scheme Eligibility (29 Nov 2012)

Éamon Ó Cuív: To ask the Minister for Education and Skills if here were guidelines issues under Section 15 subsection 8 of SI No 189 of 2012 and if there were, the details of these guidelines; and if he will make a statement on the matter. [53444/12]

Written Answers — Department of Arts, Heritage and the Gaeltacht: Seirbhísí Oileán (28 Nov 2012)

Éamon Ó Cuív: To ask the Minister for Arts, Heritage and the Gaeltacht sé i gceist aige a chinntiú go leanfar leis an tseirbhís aeir go hÁrainn tar éis Mhí Lúnasa seo chugainn; agus an ndéanfaidh sé ráiteas ina thaobh. [52994/12]

Written Answers — Department of Arts, Heritage and the Gaeltacht: Seirbhísí Oileán (28 Nov 2012)

Éamon Ó Cuív: To ask the Minister for Arts, Heritage and the Gaeltacht an bhfuil sé i gceist aige a chinntiú go leanfar leis an tseirbhís aeir go hÁrainn tar éis mhí Lúnasa seo chugainn. [53116/12]

Written Answers — Department of Arts, Heritage and the Gaeltacht: Údarás na Gaeltachta (28 Nov 2012)

Éamon Ó Cuív: To ask the Minister for Arts, Heritage and the Gaeltacht an bhfuil sé sásta cúraim fiontraíochta a fhágáil ag Údarás na Gaeltachta;; agus an ndéanfaidh sé ráiteas ina thaobh. [53001/12]

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: I move amendment No. 20: In page 14, subsection (6), line 30, to delete "reasonable grounds" and substitute "evidence".I will not press the amendment.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: Amendment No. 24 reads: "In page 14, subsection (9), line 44, after "or" where it secondly occurs to insert "by order of the court." It seeks to clarify whether we are saying the Minister can deduct the money without an order of the court.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: The wording is that an authorised officer who has reasonable grounds for believing a person is offending against this section in relation to an animal may require that person to immediately desist from so offending. That is if the person is offending.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: How can the person desist if he or she is not offending? The wording appears to have an implication that he or she is doing something, but the Minister is saying there are only reasonable grounds and no evidence for believing he or she is doing it. He is also talking about getting there before a person offends, but the wording appears to imply that he or she must be offending-----

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: Not before he or she starts to do so.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: There is another side to this. How can one stop so-called credible persons making all sorts of complaints because of animosity between two neighbours? The authorised officer claims it is reasonable because Mr. and Mrs. Murphy said it was happening, but it was not happening. In defence of having told somebody to desist with no real evidence, the authorised officer will say there were...

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: Is there evidence that the law is failing to prevent cruelty? If it is, that would be interesting and it would swing me towards the Minister's opinion.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: I move amendment No. 17: In page 13, subsection (1)(a), lines 36 and 37, to delete “injury (including disfigurement) or”.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: I move amendment No. 19: In page 14, subsection (5)(b), line 21, to delete “or a code of practice”.I am not pressing the amendment.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: There is a fear that such codes of practice might be very detailed law by the back door. If I understand correctly, a person can only be prosecuted under a regulation made under the law or a provision in the law without a regulation.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: When the judge considers an issue, if it is an area where there are codes of practice, the judge would have to hand down a conviction under a particular statutory instrument or law.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: In trying to measure whether the statutory instrument or law has been broken, the code of practice could be considered. A code of practice is subservient in every way to the fact there must be proof that a person is guilty under a statutory instrument or law.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: Is that what is now being said in the legislation?

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: It must be proven under the law.

Select Committee on Agriculture, Food and the Marine: Animal Health and Welfare Bill 2012: Committee Stage (Resumed) (27 Nov 2012)

Éamon Ó Cuív: If we are to go the route of a code of practice, it must be simple and practical. It should be a layman's law and understandable to people. It should be widely disseminated as nobody wants to be caught out because they do not know about something. The idea of a code of practice is that it should be generally known and agreed by the sector involved. There should be a layman's understanding...

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