Rónán Mullen (Independent)

I move amendment No. 17:

In page 17, subsection (2), line 29, to delete "as he or she considers appropriate." and substitute the following:

"or such other persons as may be necessary for the purpose of assisting the authorised person in the exercise of his or her functions under this section and the authorised person, member or any such other person may take with them into the premises such equipment as they consider to be necessary.".

This amendment would alter section 17(2) in order that it would read:

When performing a function under this Act, an authorised person may, subject to any warrant under subsection (4), be accompanied by such ... members of the Garda Síochána or such other persons as may be necessary for the purpose of assisting the authorised person in the exercise of his or her functions under this section and the authorised person, member or any such other person may take with them into the premises such equipment as they consider to be necessary.

There are two aspects to the amendment. The first is the idea that once an authorised person is entering a premises, he or she might be accompanied by certain other individuals who might be necessary for assisting him or her in the job he or she is obliged to do. The second aspect is that the authorised person and those accompanying him or her should be allowed to bring onto such premises any equipment that is deemed to be necessary.

I listened with great interest to colleagues' impassioned contributions on the subject of authorised persons and bodies with which local authorities might enter into arrangements which might, in turn, nominate authorised persons. It is clear that there is a long-established practice of involving third parties or agencies with a track record in the field of animal welfare. What is important is that we should not involve those with a negative agenda of a generalised and prejudicial kind in respect of the establishments or owners thereof which they are supposed to be inspecting or visiting. Once a local authority has responsibility for nominating authorised persons of a particular status and as long as there must be an authorised person on the premises, the necessary protections are in place. If an issue were ever to arise in that regard, the Minister and the Houses would have the capacity to deal with any mischief that might arise.

Once an authorised person is going onto a premises, he or she must be in a position to do his or her job. To fulfil his or her duties, an authorised person might be obliged to bring cutting equipment, for example, onto a premises. If the legislation is to have any meaning or efficacy, then provision should be made in respect of the possible scenario to which I refer. An authorised person might also be obliged to bring with him or her individuals who would be technically deemed not to be authorised. In that context, would veterinarians not employed by the Department or a local authority, those employed by the emergency services or whomever be considered, in technical terms, as being unauthorised?

This is a reasonable amendment, particularly in light of the fact that anything which occurs on a premises would take place under the watch and in the presence of an authorised person. On that basis, I hope the Minister of State will accept it.