Mary Coughlan (Donegal South West, Fianna Fail)

Amendment No. 48 is proposed to meet the concerns of those who believe that the absence from the definition of a reference to diagnosing the health of an animal creates an imbalance in the definition. I recognise that vets are not in all cases engaged in diagnosing specific diseases and in some situations are, in effect, diagnosing the apparent absence of disease. Accordingly, I propose to replace the word "condition" with "state of health". I do not believe it is appropriate to retain the word "condition" in the definition since it covers much of the same ground as "state of health". Accordingly, I am not in a position to accept amendment No. 49 proposed by Senator Henry or amendment No. 50 proposed by Senator McCarthy in so far as they relate to this issue. In essence, what I am proposing will have the same effect.

As regards amendments Nos. 51 to 53, among the many useful comments which the dean of the veterinary college passed to me was one relating to the interpretation of "tests" which, under the published version of the Bill, will be reserved in all cases to vets. I recognise, particularly in the increasing complexity of technologies associated with the carrying out of tests, that in many cases it is the expert rather than the vet carrying out the analysis who actually interprets the test. Having given the result to the vet, it is for him or her to determine appropriate treatment, bearing in mind other symptoms and results. Accordingly, I propose to delete section 54(a)(iv) in its entirety. A consequential amendment arises in subsections (v) and (vi) of the section. Amendments Nos. 52 and 53 refer.

In amendment No. 55 I am accepting the substance of Senator Henry's amendment, and that of Senator McCarthy, in regard to the placing of the reference in the definition of the veterinary practice of necropsy. As I am sure Senators are aware, necropsy refers to carrying out a post-mortem. However, having consulted with the Attorney General, and with an eye to simplification, I propose to use slightly different terminology by referring to "cause of death". I also propose to make an addition to the definition of "diagnosing" in section 56(2). This arises from concerns expressed to me by members of the veterinary profession about diagnosing pregnancy and related procedures in mares.

Senator McCarthy also tabled an amendment in this regard. Having considered in detail the specific suggestions put forward, I propose to add to the definition the phrase "examining the reproductive organs of the mare via the rectum". While I recognise that it would not be usual to be so specific in primary legislation, in this instance I believe it is the best course in the interest of absolute clarity.