Aideen Hayden (Labour)

I support the Minister on this point. First, the presumption of ownership is rebuttable. That is an important limitation. There are too many areas of law, particularly the law of tort, in which the law is so weak in requiring that ownership be established. It can be difficult to prove. In the case of derelict sites, for example, establishing ownership is extremely difficult and in many instances prevents the State from bringing persons to book for their failures. It is important, therefore, that in this area there is a presumption of ownership. If an animal is on one's land, it is within one's ownership and control. It is a rebuttable presumption. One can establish, by manifest or any other means at one's disposal, that the animal is not within one's ownership and control. That is both reasonable and fair.

This is the 21st century and we need to move on. It is important to note that the presumption that an animal on a person's land is in the ownership and control of that person is rebuttable. This qualification provides a reasonable safeguard in this day and age.