Seanad debates

Thursday, 25 February 2010

Dog Breeding Establishments Bill 2009: Committee Stage (Resumed)

 

11:00 am

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)

I am sympathetic because in the way he has worded the amendment Senator Mullen has referred to "any other matter that significantly affects the welfare of the dogs." I also have to ensure that we have legal clarity. Section 11 provides for the removal of a dog breeding establishment from the register in certain circumstances which are outlined in the legislation. They include by order of the District Court if the operator has committed certain offences under specific Acts. The section is very specific as to the circumstances in which an establishment may be removed from the register. The proposed amendment, which is stated in fairly broad terms, would lead to an erosion of that clarity and might introduce an element of uncertainty to the basis for removal.

To return to the point Senator Mullen made earlier, this is very much open to interpretation. He wants us to include "any other matter that significantly affects the welfare of the dogs". We might have a certain interpretation of what affects the welfare of a dog while others would have a different interpretation. In terms of the law, that leaves far too much uncertainty. Therefore, to be on the safe side and to ensure that we have clear, robust legislation, it would be better if this were not included.

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