Paschal Mooney (Fianna Fail)

I welcome the Minister to the House and I commend him on this comprehensive item of legislation. It is the largest Bill he has introduced in his tenure as Minister for Agriculture, Food and the Marine. It comprises 76 sections and is a consolidation Bill that will repeal a range of legislation going back to 1851. The core element is the updating of two specific items of legislation, one of which is the Animals Welfare Act 1911, which must have seemed enlightened legislation at the time because it dealt with animal cruelty. Looking at it through the prism of history, people were not as focused on those matters as they are now. The fact that it has lasted this long, with amendment in 1965, is a credit to those who drafted the Bill. We welcome the ambition behind the Bill to update the existing legislation and to create a new onus on animal owners of positive responsibility for animal welfare.

The important issue is the impact the Bill will have on the ground. There are serious concerns about a variety of aspects of the Bill, including the appointment of inspectors, changes in compensation arrangements, a ramped-up code of practice, levies and practical issues for farmers. These areas must be addressed to ensure the Bill has a positive impact for farmers. The IFA is already out of the traps. The Minister has consulted widely but it is recognised that farmers operate to the highest animal welfare standards and are already heavily regulated by the Department of Agriculture, Food and the Marine. The broad thrust of the Bill, which is where it will be vitally important, is the message it sends out through its national and international implementation. If there is one bright shining light in the economic gloom, it is the major advances and the economic success of the agrifood sector over the past two years.

Harvest 2020 was initiated by the Minister's predecessor, Deputy Brendan Smith, and he does not receive the recognition he deserves in bringing this from concept to completion. The Government has quite rightly identified the agrifood sector as a key component of economic policy, the creation of jobs, increasing competitiveness in that area and increasing exports. I compliment the Government and the Minister on the manner in which they have taken up the challenge and reaped positive responses internationally with the opening of new markets and the reopening of markets that had been closed to us. In that respect, it is vitally important to continue to support the agrifood industry.

The views of the largest farming organisation in the country should be taken on board in this regard. The IFA makes the point that the Bill should not impose any unnecessary or additional costs or bureaucracy on farmers. The IFA is also concerned that proposals under the Bill to introduce codes of practice in the animal welfare area and the manner in which these could be used against the best interests of farmers. Any time a Government introduces levies, it creates a reaction. The Bill will extend the disease levy on agricultural produce to the animal health levy, which implies additional charges on farmers to fund animal welfare and related areas. I am sure the Minister will clarify this point. I am conscious that any lobby group will present its case and this will not necessarily coincide with reality.

The obligation on the Minister to pay compensation under the current Disease of Animals Act when animals are removed for disease or other purposes is being removed. The appointment and power of authorised officers is also an issue. With regard to the humane destruction of animals, it is important that knackery personnel continue to be allowed to slaughter animals.

The overarching goal of the Bill is to consolidate disparate elements of existing legislation and to modernise the legal framework. It draws together the health and welfare of animals. These had previously been viewed as separate concerns and the change is welcome. Animal welfare officers will be able to issue animal health and welfare notices requiring an improvement in the animal's condition. Regarding disease, the Bill allows enhanced action to improve biosecurity and reduce the prospect of disease outbreak. It also ramps up the powers of authorised officers. It takes a broad approach to specifying rules for various species and aims to expand the code of practice model used by the Farm Animal Welfare Advisory Council to other groups, including animal welfare groups. It also introduces heavy fines and, considering the fines under the 1911 Act, it makes for a stark reading. The sum of £5 was a lot of money at that time. The Minister is sending a strong message by introducing on the spot fines to reduce the bureaucratic burden of the court system. This is welcome. The maximum allowable penalty will be €5,000 but for major indictments, the penalty has been raised from €100,000 to €250,000, which is welcome. It also extends powers concerning people's right to own animals in response to a court request that it be given the power to stop serial animal welfare offenders' right to purchase animals in the future.

The Bill does not affect fishing, hunting or hare coursing. I cannot allow the occasion to pass without reminding the House of the commitment during the election campaign to reverse the stag hunting ban. This has not happened and it is unlikely to happen. Senator Thomas Byrne has been animated about this because he believes he lost his seat as a direct result of supporting the Government at that time. The incumbent in government gained with the electorate by claiming his party, when in government, would rescind the legislation. We can put it down to politics - Seán Lemass said that once elections were over all bets on election promises were off.

The Bill runs to 76 sections. Section 11 imposes a positive duty on a person who has a protected animal in his possession or control and he must ensure the health and welfare of the animal is safeguarded. A protected animal is not just one normally kept for farming, but also for recreation, domestic or sporting purposes on the island of Ireland. Perhaps the Minister might deal with this in his reply. I was curious regarding the comparative UK legislation for domestic animals, pet animals and the obligations placed on people. There have been some horrific examples of pets being mutilated or treated in an inhumane fashion.

According to the Royal Society for the Prevention of Cruelty to Animals, under UK law, pet owners are now legally obliged to care properly for their pets, which is what most owners do. The UK legislation states that owners must provide five basic needs. I could not find anything in the legislation covering all the five basic needs but some of them are listed, including somewhere suitable to live, a proper diet, including fresh water - this is included under the feeding of animals - the ability to express normal behaviour, to be housed with or apart from other animals where necessary, and protection from and treatment of illness and injury.

The broadening of offences involving animal fighting is to be welcomed. The Protection of Animals Act contained a prohibition on animal fighting but section 15 of the Bill seeks to ensure that convictions can be secured as this often proved a difficulty in the past.

The Bill amends a rule providing that an animal may not be sold to a minor who is apparently under the age of 16 years, although this does not prevent them from owning an animal, and this is to be welcomed. One of the more significant aspects of the Bill is the extent to which enforcement provisions in the older legislation have been extended and amended. I ask the Minister to focus on the person appointed as an authorised officer by the Minister under section 37, other than those of a member of the Garda Síochána or a member of the Customs and Excise service. This area needs to be clarified in order to reassure those in the farming sector that these will not be third parties with a particular agenda.

This Bill contains 76 sections and it covers a large range, the full gamut of animal welfare, disease eradication and enforcement levies. In the short time available to me it would be impossible to deal with all the details. I have raised some general issues which I hope we can tease out on Committee Stage. The Fianna Fáil group enthusiastically supports this Bill and we welcome the fact that the Minister is amenable to amendments as he sees fit.