Simon Coveney (Cork South Central, Fine Gael)

I am pleased to introduce the Bill into the Seanad. We have had a number of discussions on agriculture, animal health issues and veterinary practice. As the engagement from Senators has been hugely positive, I considered it appropriate to introduce the Bill in the Seanad before taking it to the other House as there are many Members here who want to get engaged in the detail of the legislation. That is important because this is important legislation. The Bill is the largest piece of legislation in which I have been involved as Minister and has been a long time in gestation. I hope Members will engage. After the Second Stage debate, if members have questions on aspects of the Bill, the experts who compiled the Bill are available in the room next door.

I am pleased to bring the Animal Health and Welfare Bill before the House. I look forward to constructive, informed debate during its passage through this House. The Bill represents a significant step forward in the areas of animal health and welfare law. The Bill is a priority for me. It will lead to a consolidation and modernisation of much of the primary legislation in this area such as the Diseases of Animals Acts 1966 and the Protection of Animals Act 1911, which, as has been pointed out, is more than 100 years old. While in the past animal welfare and animal health may have been seen as two distinct issues, they are closely related and synergy is to be gained by bringing them together under one legislative roof. Where either health or welfare breaks down it often has consequences for the other. This separation stems from the fact that in the past the focus was merely on outlawing animal cruelty rather than the fuller measure of welfare for which the Bill provides.

The Government has shown that it has a strong commitment to improving animal welfare legislation. In the first 12 months in office, several pieces of legislation have been enacted, notably the Welfare of Greyhounds Bill 2011 which was the first piece of legislation signed by President Michael D. Higgins. This paved the way for the commencement of the Dog Breeding Establishment Act. At Christmas I introduced a code of practice for welfare organisations as part of the ex gratia payments arrangements which placed particular emphasis on the issues of re-homing animals that had been abandoned. We launched afree telephone number, based in my Department, for people who have animal welfare concerns. The Farm Animal Welfare Advisory Council and the associated early warning system continues to work well. The latter arrangement has seen my Department officials working in conjunction with farm organisations, welfare groups and the Garda to head off welfare problems when and where possible.

The Bill is a continuation of this agenda and will ultimately significantly improve and safeguard the welfare of animals. In terms of animal health, the legislation is important not only nationally, but globally for Ireland from the perspective of a food producing Island. The proposed legislation will play a key role in protecting Ireland's image as a country which not only respects the welfare of its animals, but also accords critical importance to its high animal health status. Therefore, the Animal Health and Welfare Bill is vital to exploiting opportunities that exist for our food exports. Ireland has been successful in dealing with, avoiding and minimising animal health problems. The Bill will build on this success. The risks of animal disease have grown significantly since the Diseases of Animals Act 1966. There is far greater movement of animals, animal products and people involved with farming activities and animals. Therefore, Ireland needs to ensure it has robust biosecurity procedures and that the State can act not just when there is a disease outbreak, but in a preventative way, focused on risk and reducing those risks. Nevertheless, the Bill also foresees strong action where it is necessary with fines and imprisonment being prescribed where disease is spread intentionally.

The ability to increase our exports of food products will play a vital role in ensuring the improvement in Ireland's economic well being. Our aims are set out in the Food Harvest 2020 strategy. The export figures announced recently by Bord Bia show that our farmers and food companies are developing new products and opening new markets even during a time of global financial crisis. Last year, the value of Irish food and drink exports increased by 12%, or, in value terms, by €1 billion. Food Harvest 2020 has given the sector a vision of the future and clear targets for the next decade. I am determined, in leading the drive towards achieving the 2020 export target to reach a value of €12 billion per annum. To do this the sector will need to minimise losses from animal health issues. This means not just avoiding high profile exotic diseases, but continued progress against domestic diseases and certain lower profile diseases and health issues which reduce animals' condition and drain the potential of the sector.

However, health is a concern for all, not only those who earn their livelihood from animals. As should be clear, the Bill is not only about farming or rural areas, but is of concern to the whole country. While animals may be less central to urban life, ownership, involvement with and interest in animals is hugely important to many urban dwellers.

Furthermore, while not the direct focus of the Bill, animal health can have implications for human health. Some 60% of human infectious diseases can be contracted from animals whether domestic or wild and 75% of emerging human diseases have their sources in animals. Therefore, the control of animal disease is an important factor in ensuring human health.

As I mentioned, the Bill applies across the board, both to rural and urban areas and to all animals whether they are commercial, domestic or other and whatever species. The protection offered by the bill is for all animals. The only major distinction it draws is between those animals classed as "protected", that is any animal under the ownership or being kept by humans. Protected animals are accorded greater rights than animals living in the wild as an obligation is put on the owner or person in charge to ensure they are fed, sheltered and so on. Cruel acts are forbidden in respect of all animals.

Farm animals are defined in the Bill as they are connected to agricultural legislation being included in the consolidation process in this Act. Any farm animal is by definition also a protected animal and owed the same duty of protection by their keepers.

I have sought a balance between the differing demands placed on me during the drafting of the Bill. As I am sure some Members will realise, the Animal Health and Welfare Bill is one where views between differing interest groups vary and resolving the suggestions requested by farming bodies, welfare groups, breeders, trainers, other commercial owners and veterinary professionals has been a balancing act. My key objectives in the process has been to create a legislative framework that offers a greater protection for the welfare of animals while also reducing the risks posed by animal diseases in terms of commercial output and so on.

The passage of the Dog Breeding Establishments Act last year showed how divisive and impassioned the subject can be. The debates around this Bill also showed the need for well thought out and adequately worded legislative proposals. While I am fully aware that the Animal Health and Welfare Bill is more complex legislation it shows that there is good and broad support for sensible action in the area of animal welfare.

I shall move from the reasons and general principles behind the Bill to some of its content. Current legislation requires modernisation because it focuses only on cruelty whereas this Bill, as I have said from the outset, will make improvements in what is legally required of owners, ensuring that their animals are fed and watered, provided with adequate shelter and have their welfare protected to a reasonable extend. These are basic common sense requirements. Intensive units need greater checks as temperature controls, mechanical feeding and watering systems must be carefully monitored.

In order to combat the threat posed by serious disease outbreaks, as witnessed during the foot and mouth disease scare and to deal with welfare compromised animals, authorised officers must have adequate powers with appropriate checks and balances in place. Much care and attention has gone into ensuring that the powers of authorised officers are appropriate, balanced and proportional. Officers cannot enter premises without reason. There needs to be a sound reason to do so and the courts will demand that officers justify their actions in the event that prosecutions follow.

Gardaí and customs officers are automatically considered authorised officers. I may appoint officers from my Department and local authorities to carry out certain tasks under the Bill. For example, temporary veterinary inspectors may be authorised to conduct meat factory checks as is the case at present. I take this opportunity to make it clear that I have no intention of appointing anyone under the proposed legislation who has not been adequately trained and not qualified to act in a professional manner in respect of the duties undertaken under this legislation. I state that in case there is a concern that inappropriate people are given powers.

I have been keen to ensure that penalties are strengthened for such abuses and have made sure that all of the significant offences under the Bill, meaning those where animals are injured or where disease problems are spread intentionally, attract the severest possible penalties. For major cases taken on indictment the maximum penalty has been increased from €100,000 to €250,000. Over the years judges who have heard some of the most unpleasant animal cruelty cases have asked for powers to restrict the ownership of animals by those convicted of animal cruelty, particularly repeat offenders. These powers cannot be used lightly and are only considered where an individual has been convicted of repeated or more serious animal welfare offences. Not only could such an individual be potentially prevented from owning animals, they could also be prevented from working with them. Unfortunately, there are people unsuited to working with animals and in such cases we need to protect the animals.

In some instances animals have been abused by people suffering mental difficulties rather than malice. In taking account of this scenario the powers I outlined can limit the ownership of animals. Caring for animals can be therapeutic for disturbed individuals and it may be appropriate that they are allowed care for one or two animals and not a large number beyond their coping capacity. There is a separate procedure based on the Mental Health Acts that can be invoked for those whose problems mean that therapy and help is required rather than courts and potential imprisonment. I remind members that while these powers exist their use cannot be invoked without appropriate procedures and the courts will provide oversight and review for obvious reasons.

The Animal Health and Welfare Bill will improve animal health. There will be a greater emphasis on bio-security. Much of the existing powers of authorised officers are focused on a disease outbreak but the Bill also allows for appropriate action to be taken to reduce the risk or spread of disease.

The Bill sets out detailed arrangements for compensation to apply where animals are slaughtered to control a specific disease outbreak. It includes a process of expert valuation and arbitration to apply in law in a manner consistent with the Constitution and case law.

The laws on animal baiting and dog fighting will be strengthened and not before time. At present dogfighting is illegal but it is very difficult to take a case against those involved. In the most significant case that was taken many of those convicted got off on appeal after claiming that they had not been involved in organising the fight but had merely been present. Therefore, I am making it illegal to attend a dogfight. I want a law in place that allows gardaí to prosecute people engaging in what is a significant hidden problem across the country. Some people choose to breed, buy and sell, train and bait dogs for the purpose of fighting. It is a despicable practice and I shall stamp it out.