Trevor Ó Clochartaigh (Sinn Fein)

I move amendment No. 52:

In page 48, before section 56, to insert the following new section:

56.—In proceedings for an offence under this Act an animal, animal product, animal feed or other thing, the owner of the animal shall be held responsible.".

The legislation states: "In proceedings for an offence under this Act an animal, animal product, animal feed or other thing is presumed, unless the contrary is shown, to be owned by the occupier or person in charge of the land or premises on which it was found". Sinn Féin maintains those responsible for animal cruelty or neglect should be the ones sanctioned.

In my party's view, the person who owns the animals should be chiefly held responsible. He or she should be cognisant of where the animals are and their condition as much as possible. It is unfair and a blunt approach to lay the blame and responsibility on the owner of the land on which they are found. Such landowners are unlikely to be responsible for continued neglect or abuse and are primarily responsible for the care of their land in the particular set of circumstances where animals belonging to someone else have wandered onto it. Needless to say, protection of land requires a different standard than the protection of livestock. If there are animals in an unsafe place, it is more likely than not that this is on account of their owner failing to keep an eye on them. My party's issue with the section is that it automatically places the onus on the owner of the land as opposed to the owner of the animals. It includes the words, "unless the contrary is shown". There could be issues with how one shows this if an animal is not tagged or chipped. There was a big debate in the House about horses where, for example, somebody places an animal on somebody else's land and it is automatically presumed that that person is the owner. The section will certainly cause difficulties. As a consequence, we have an issue with the inclusion of this clause in the Bill, about which my party feels strongly. The corollary is that one might find landowners moving animals off their land to avoid being caught under it.