John Gormley (Dublin South East, Green Party)

I do not know whether this amendment fits perfectly under subsection (12), which deals solely with the display of the registration certificate. This subsection stands alone as an important provision which seeks to ensure transparency for the consumer. It is important that any customer of a dog breeding establishment be informed that the establishment is registered because this is an assurance that the standards of the establishment are sufficient and that the dogs are well cared for. Subsection (17) provides that it is an offence not to display the registration certificate.

The proposed amendment is perhaps too general. The Bill provides ample opportunity for the local authority to act if the establishment is found not to be in compliance. The working group, to which I keep referring because that was how we consulted stakeholders, recommended that an improvement notice be served on an establishment that fails to meet the standards required. We do not plan to commence a prosecution immediately because we want to give establishments the opportunity to improve. In line with best practice in all regulatory systems, there is an appropriate scale of actions which can be taken to gain compliance. We are not seeking to impose huge penalties because we want to encourage people to comply. This is an objective which I think is shared on all sides of the House.

If agreement is not reached between the local authority and the establishment, the local authority is empowered under section 18 to issue an improvement notice. Given that the improvement notice sets out the measures to be taken within a specified timeframe, the proposed amendment is unnecessary. The notice can be appealed to the District Court within seven days of its serving and the local authority can progress to a closure notice under section 19 if it is ignored. However, this would only occur at the end of a very long and arduous consultative process. It is only when a person contravenes the closure notice that he or she will be guilty of offence, at which stage the fines are hefty and set out in legislation.

It is important that the provisions of the Bill are clear and enforceable. I am of the opinion that the amendment will dilute the clarity of the enforcement provisions under sections 18 and 19.