Paschal Mooney (Fianna Fail)

I am grateful to the Minister. We were a little perplexed as to why it was felt necessary to change the wording of the original subsection. In essence, the two versions seem to be much the same. However, we accept the Minster's bona fides in this regard.

The amendment uses the words, "Nothing in subsection (1)". This allows me to raise the issue of the docking of animals' tails. This arose under a previous section and arises here again. Senator Pat O'Neill, like myself, is a nominee of the National Association of Regional Game Councils, which has expressed concern at this aspect of the Bill. Senator O'Neill may have an opinion on this section although, of course, I do not speak for him. I merely acknowledge the fact that we both represent the same nominating body.

I would be grateful for the Minister's observations on the briefing we received from the National Association of Regional Game Councils. The association describes the prohibition of the docking of dogs' tails as "somewhat controversial". My reading of the Bill is that it does provide for exceptions. I seek clarity, either under this amendment or under the section, as to what exactly the Minister intends in this regard.

The provision is understood not to be clear enough and leaves open the possibility of subjective misinterpretation, depending on who is applying the proposed provision. I share the view of the National Association of Regional Game Councils that there should be a clear-cut exemption for the docking of the tails of working dogs, similar to that applied by legislation in Westminster, the Scottish Parliament, the Welsh Assembly and, more recently, in Northern Ireland. I would be grateful for the Minister's observations in this regard.

The Government amendment, in providing clarity, does allow a veterinary practitioner to dock a tail, where he or she believes it necessary. However, subsection 16(1) states that a person shall not mutilate an animal, "including the docking or nicking of the tail of a bovine, canine or equine". The subsection refers to an exception if the procedure is carried out in accordance with animal health and welfare regulations. This seems to be the core of what the section is about and may address the concerns of those who feel docking legislation should be clear. The subsection may allow the Minister to introduce a regulation or statutory instrument to add further clarity to the section.

I remain to be convinced about this. When I first read the Bill, banning the docking of tails seemed to me to be a perfectly humane way of going about things. However, it was pointed out to me that a hunting dog with a long tail can get caught up in brambles and undergrowth. A dog can suffer as a result of having a long tail and it is, therefore, a humane practice to dock the tails of hunting dogs.