Michael Comiskey (Fine Gael)

I welcome the Minister to the House and I thank him for introducing this legislation as a Seanad Bill. As the Seanad spokesperson on agriculture I am pleased to speak on Second Stage today. I commend the Minister and the staff in the Department on their work on this Bill.

The Animal Health and Welfare Bill is multifaceted in its aim and scope. It reflects a significant departure from previous legislation in this area in that it combines, in one piece of legislation, the two distinct areas of animal health and animal welfare, both of which are inextricably linked when raising or caring for animals. However, the Bill should not be viewed in isolation as it aims to work in tandem and supplement existing legislation while providing clarity in a number of areas.

In modernising the laws governing animal health and welfare, the Bill reflects a number of changes in society, including greater movement of people, animals and feed, causing an increased capacity for disease to spread. This Bill aims to strengthen preventative and disease containment measures. Society now demands far higher standards in food production and traceability of food products, another issue addressed in the Bill. This is very important for Ireland as a food-producing nation. In addition, the Bill takes into account recent scientific improvements in this area. It contains wide definitions for animal and disease and a wide range of farming and domestic animal issues will come within its scope.

Part 2 introduces important disease prevention and control measures, collectively referred to as biosecurity.Section 7 allows the Minister to apply the provisions of the Bill to a wide spectrum of animals and diseases, including agents of a disease. Section 8 places responsibility on each animal owner to keep farm fencing and buildings in good repair to prevent animals from straying and thereby preventing the possible spread of disease. Section 10 creates a new offence of interfering, spreading or causing a disease to be spread and specifically prohibits any interference with a test. It thereby places a substantial onus on animal owners to be cognisant of the presence and potential for disease to spread. A person in breach of this section is deemed to have committed an offence.

Part 3 of the Bill deals specifically with animal welfare and consolidates earlier legislation in this area. This part contains general welfare provisions in respect of all animals, but greater standards of protection in respect of animals owned or under the control of people. Section 12 is a substantial provision which expressly prohibits animal cruelty by direct physical abuse, recklessness or negligence. A breach of this section may amount to criminal sanctions as well as heavy financial penalties to be used as a contribution towards the animals care. The welfare provisions in the Bill take into account the whole life of the animal from feeding at section 13, requiring the use of anaesthetics at section 17, the protection of animals during sale at section 22 and to the humane destruction of animals governed by section 23 of the Bill. Another important provision of this section is set out in sections 18 and 19, requiring regular inspections of animals by their keepers and in cases of intensive production, regular checks on equipment must also be made. Intensive units must keep proper records of these inspections under section 20. Section 24 contains emergency provisions for authorised officers where an animal is in distress.

Under section 22 the sale of animals to children under 16 years of age will be specifically prohibited. This section does not seek to inhibit a child's engagement with animals and where a child younger than 16 is in possession of an animal, the care and welfare for that animal will be vested in a parent or legal guardian of the minor. Part 4 of the Bill introduces a relatively new practice into Irish legislation, the inclusion of codes of practice. The introduction of such codes must be welcomed as a means of generally promoting good animal health and welfare, while allowing for a greater degree of flexibility. These codes should be viewed as a means of assistance by animal owners. The codes are formulated on a 30-day consultative basis, to facilitate a genuine discussion and formulation of a practical code. Although these codes are non-binding, where an animal owner is summoned to court on an animal welfare or health issue, breaches of the relevant code may be brought into evidence.

Part 5 deals with animal health levies and allows for the application of levies for the purposes of disease prevention, control and eradication. Part 6 of the Bill aims to deal with the situation when the slaughter of animals is necessary for the control of disease and introduces more detailed provisions in respect of any compensation should such a measure be directed by the Minister. The Bill provides for an independent valuation and an arbitration system aimed at producing a fairer outcome for the animal owner at sections 32 and 33, respectively. Clarity is provided where compensation may be reduced or refused. The Bill aims to balance the cost to the public purse with any requirement to pay compensation.

Part 7 sets out the Minister's power to supplement or strengthen provisions through the introduction of regulations as set out in section 36, thereby providing the Minister with a mechanism to bolster the provisions of the Bill. The influence of this provision is broad and a full list of areas which may be regulated upon is set out in Schedule 3. Having a more significant effect than codes of practice, contravention of a regulation enacted under this Bill would be an offence. From the foregoing, it is clear that the Animal Welfare and Health Bill 2012 aims to modernise the care and treatment of animals in Ireland.

Part 8 specifically deals with enforcement. These provisions mark a departure from the previous legislation in this area as it furnishes authorised officers with pre-emptive powers, which are vital in the protection of animal welfare and ensuring good animal health. Authorised officers, appointed by the Minister and the local authorities under section 37, will now be equipped with powers allowing them to intervene where they believe an animal is at risk or where welfare is compromised. Prior to this a major welfare breakdown must have been in evidence before the officer could intervene.

In addition, by linking the areas of animal health and welfare under this Bill, an authorised officer is now in a position to carry out an inspection on a more effective basis. Enactment of this Bill will provide an authorised officer with an option to issue an animal health and welfare notice upon an animal owner. Those notices will place the onus on the animal owner to improve the conditions of the animals in their care. Any consequent failure to comply with such notice is an offence under the legislation and, ultimately, may lead to the seizure and detention of the animal for non-compliance. An appeals process is set out under section 20. The introduction of this measure must be seen as positive in promoting the welfare of animals and a direct method of influencing the health of the animal. Intervening at an earlier stage may lead to a parallel reduction in costs and future veterinary care bills for the State and the animal owner.

The powers of authorised officers are set out in the Bill on a hierarchal basis, with limited rights to inspect and greater powers to search a premises. The enforcement measures are broad enough to cover a wide range of circumstances. Furthermore, under Part 9, the local authority will also have powers of enforcement. In addition, to strengthen the powers of enforcement, Part 10 sets out the broad range of sanctions ranging from on the spot fines to indictable offences to disqualification to class A fines, the highest under the Fines Act 2011.

These are a wide range of measures which demonstrate the Government's over-arching commitment to protecting animal health and welfare while equally providing a broad range of sanctions to deal with the facts of the matter in hand. An important aspect of modern public policy is addressed in Part 11 which deals with animal tracing systems. If Ireland aims to promote itself on the national stage as a producer of quality livestock and food, these systems must be beyond repute. The sanctions for not complying with the terms of a tracing system are significant and therefore reflect the importance of compliance.

Part 12 sets out the provision for the licensing of marts. Part 13 deals with miscellaneous matters, including the offence of forgery of animal permits or altering an animal's welfare notice, as provided for in section 72.

Part 14 provides for a number of amendments to the Animal Remedies Act 1993. It provides for the amendment of section 8 of the 1993 Act,a change necessitated by a judgment of the Supreme Court, which held that the regulation under the 1993 Act could only be amended by the Houses of the Oireachtas. Section 76 now provides that any regulation made under any aforementioned Act may in future be amended by further regulation. Further amendments are made to the 1993 Act in respect of calculation of fines and fees payable with licence applications.

I thank the Minister and his Department for their work on this area and the Minister for bringing the Bill before the Seanad. I look forward to the Bill being made law at an early date. I firmly believe this legislative proposal will strengthen and enhance the health and welfare of animals in Ireland.