Results 18,041-18,060 of 28,255 for speaker:Éamon Ó Cuív

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

Éamon Ó Cuív: One of the problems nowadays is that we start simply, but the process can eventually get very complicated. Most people have insurance policies with plenty of small print that nobody ever reads. My understanding of a code of practice is that it would not work unless it can be very simple, written in layman's language and is not too long. It should cut to the chase. Otherwise, people will...

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

Éamon Ó Cuív: It does not go on the tail.

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

Éamon Ó Cuív: The Bill provides that a person shall not do anything that causes unnecessary suffering. All of the actions listed would cause unnecessary suffering.

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

Éamon Ó Cuív: They cannot be transported in a manner which causes unnecessary suffering.

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

Éamon Ó Cuív: That is provided for in subsection 1. A person cannot cruelly treat or beat or kick etc. because to do so would cause unnecessary suffering. I am saying that subsection 1 deals with this in an omnibus way, in that it provides that anything that causes unnecessary suffering is not permitted. This applies not only in respect of any of the actions listed but in respect of carriage or any...

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

Éamon Ó Cuív: In spelling out certain cruelties, provision is made for two levels of cruelty, namely, any type of cruelty, including of a type not listed, and limited cruelty in the context of what is listed in subsection 2(b). In my view the word "anything" is undermined by the listing of specific actions, which would suggest that other types of cruelty not listed are not the same as those listed. This...

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. 16: In page 13, subsection (1)(a), line 35, before "do," where it firstly occurs to insert "intentionally".Amendments Nos. 22 and 23 are alternatives and look very similar to me, so we will go with the Minister's better wording. I appreciate the Minister has taken it on board. In amendment No. 16 we suggest the word "intentionally" be included. Acceptance of amendments...

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

Éamon Ó Cuív: Does it cover domestic animals?

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

Éamon Ó Cuív: The point is that the most common domestic animal is the cat. As they say, one never owns a cat, the cat owns one.

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

Éamon Ó Cuív: In respect of section 11(1) and (2), which involve having regard to the animal's nature, it is not possible to take all necessary steps to safeguard the health and welfare of the animal and to ensure it does not threaten the health and welfare of another animal without effectively locking it up. It relates to the nature of the beast. I reckon that one must either insert "reasonable" or...

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

Éamon Ó Cuív: It has been included in section 11(1)(b) but not in section 11(1)(a).

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

Éamon Ó Cuív: I am referring to section 11(1)(a). That reference to having regard to the animal's nature, type, species, breed, development and environment does not qualify the requirement to safeguard the health and welfare of the animal. Cats are being killed all the time and most cats are killed out of doors. It is a fact. It is covered here. This is the law. The law is what it means. Most cats...

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

Éamon Ó Cuív: I will not press the amendment but will table it on Report Stage.

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

Éamon Ó Cuív: The logic is that things could happen despite what the person might do. For example, cats and dogs get run over by cars. Many people have domestic cats. If someone allows his or her cat run about the back yard and it can get over the back wall and out onto the road, as most people do, has that person taken all necessary steps to ensure he or she has safeguarded the health and welfare of...

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

Éamon Ó Cuív: I would not object to the word "necessary" if the section stated that a person who has in his or her possession or under his or her control a protected animal should take all necessary steps having regard to the animal's nature, type, species, breed to ensure that the animal is treated correctly. Domestic animals, particularly cats are allowed to roam. Dogs are different and may be kept on...

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

Éamon Ó Cuív: Why is the phrase "having regard to the animal’s nature, type, species, breed" etc. not placed at the start of the section?

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

Éamon Ó Cuív: We can come back to it on Report Stage.

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

Éamon Ó Cuív: Section 9(a) refers to an area "at risk of, or suspected of, being affected with disease". The amendment refers to "a risk or a suspicion that disease is present". As drafted, there does not need to be a suspicion that disease is present. I am interested in the Minister's explanation for the use of this wording because it allows a wide margin in declaring a disease eradication area. The...

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

Éamon Ó Cuív: Unless there is an obtuse reason for it, the wording is stilted and convoluted, while that proposed by Deputy Thomas Pringle and I is more straightforward and to the point. There must be a difference. If the Minister is willing to consult the Parliamentary Counsel before Report Stage, we can resubmit the amendment and he might be able to explain why the paragraph was not drafted in the way...

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

Éamon Ó Cuív: If that was the case, the disease eradication area could be known not to have the disease present but to be at risk of it. Is that correct?