Brian Ó Domhnaill (Fianna Fail)

I move amendment No. 9:

In page 14, line 30, to delete "reasonable grounds" and substitute "evidence".

These amendments seek to substitute "evidence" for "reasonable grounds". I have tabled this amendment again although I accepted what the Minister said on Committee Stage, that the authorised officers need teeth and the wherewithal to be able to go into a premises without the necessity of having evidence. They need the freedom to do that. However, an authorised officer will be appointed by the Minister under the legislation, a local authority or an appointed organisation, which could potentially be an animal health or welfare organisation that has a service level agreement with the Department.

The fear in farming circles is that an inspector could have an issue with one or two farmers and arrive at their farms unduly without evidence, citing reasonable grounds for inspection. While this is not the intention of the legislation, it may be the interpretation of some officers.

I accepted the position of the Minister on Committee Stage but resubmitted the amendment in order to have further discussion. I am not sure whether the Minister will be willing to consider my proposal when he brings the legislation to the Dáil in the autumn, thereby making the distinction again between pets and animals on productive farms. Farmers fear they will receive an undue number of inspections from authorised officers claiming to be acting on reasonable grounds rather than on the basis of evidence. I appreciate that an officer needs to have flexibility in regard to inspections. My amendment may be a little too crude. Is there a compromise that could be reached?