Rónán Mullen (Independent)

I welcome the Minister to the House and I hear what he has to say on this matter. On one level it seems appropriate to make it a discretionary power. I certainly hear what he has to say on the rule against retrospection. The idea that a person should not be prosecuted for an action which was not an offence on the date it was committed has a clear constitutional background and we are very conscious of that when considering issues relating to retrospection. However, if one reads through the relevant section, one will see it is about local authorities considering whether a refusal to register a premises would be necessary to ensure the safeguarding of animal welfare. It also deals directly with issues of cruelty to animals.

Is it possible that where there is any contravention of the Bill it would be upgraded to mandatory refusal? I understand the legislation will have to be implemented in context, whereby a local authority will work with people to get them to come into line. However, once this legislation is in place they will have had that opportunity. Stricter requirements should be imposed on local authorities where it is established that they have breached the new legislation. Will the Minister would consider tweaking this to allow the discretionary aspect where one is considering past wrongs or offences under existing legislation while tightening the obligation on local authorities in the event of contraventions of the Bill. This is the type of area where a nod may end up being as good as a wink in that unevenness could apply among local authorities in the way they apply the standards. I do not think we should discount the possibility of creating a requirement on authorities in certain circumstances.