Brian Ó Domhnaill (Fianna Fail)

I move amendment No. 23:

In page 20, subsection (1), lines 12 to 29, to delete all words from and including "and—" in line 12 down to and including "animal." in line 29 and substitute "and its health and welfare needs are being met.".

My amendment is on section 19 which deals with the inspection of protected animals and equipment. I proposed the deletion of lines 12 to 29, inclusive. My amendment is also linked to sections 19 and 20 because it deals with paperwork. Section 19 states:

(1) A person who has in his or her possession or under his or her control a protected animal shall take all necessary measures to ensure that the animal is regularly inspected and—

It continues and states three or four different criteria. Obviously there will be a substantial amount of paperwork necessary for those inspections. It states as follows:

(a) in case the animal is being kept in an intensive unit, not less than once a day—

(i) thoroughly inspect the animal's condition and state of health or cause the condition and state of health of the animal to be so inspected, and (ii) for the purpose of ensuring that the automatic or other technical equipment used in the unit is free from defects, either—

(I) if he or she is competent to do so, thoroughly inspect the equipment, or

(II) cause the equipment to be thoroughly inspected by a competent person, or ....

Again, the words "competent to do so" are used. The legislation does not state how often the equipment must be inspected or who the "competent person" would be. Do I take that to mean a professional farmer? Is it someone else?

The criteria for the "competent person" has not been referred to. The section continues, "(b) in case the animal is not kept in an intensive unit, at intervals sufficient to avoid the animal being caused injury or unnecessary suffering." I understand where the Minister is coming from on that point. It appears that section 19, and I will get to section 20 in a minute, will result in burdensome paperwork and confusion over who is meant by the term "competent person."

There are two issues related to the inspection of equipment. First, the competent person will inspect the equipment and there is duplication in section 19(1)(a)(ii)(I) and (II) which state: "(I) if he or she is competent to do so, thoroughly inspect the equipment, or, (II) cause the equipment to be thoroughly inspected by a competent person." Perhaps there is a rational explanation for that.