Simon Coveney (Cork South Central, Fine Gael)

It is important to clarify a few issues. This section was the subject of quite a bit of discussion on Second Stage. Section 23(1) covers the concern that has been outlined and expressed to me by farming organisations, whereby if farmers cannot get a vet or cannot afford a vet, if it is a fairly straightforward case of an animal breaking a leg and suffering, and it is possible to get somebody from a knackery quickly who is more than competent in putting an animal down, it should be facilitated. That is covered by "Subject to this section, a person shall not kill a protected animal or cause or permit another person to kill a protected animal, unless the person killing the animal is competent to kill it in accordance with animal health and welfare regulations (if any) and does so in such manner as to inflict as little suffering as possible in the circumstances". That includes knackery personnel as they are competent in such action.

Subsection (2) includes the clause "he or she may, without having to seek the consent of its owner or the person in control of it, kill the animal or cause the animal to be killed or destroyed in such manner as to inflict as little suffering as possible". That concerns somebody who can make a decision to put down an animal without even talking to the owner or a person in charge. In those circumstances we have indicated that an authorised officer, a veterinary practitioner acting as such or a person specified in animal health and welfare regulations with an opinion that an animal can be put down can do so.

In other words, if somebody rings a vet saying there has been an accident on the road and a car has crashed into a bullock, with the animal lying on the road very badly injured, in much pain, and nobody can find the owner, the vet can put down the animal. In essence, he or she can make the judgment call. We have not specifically named knackery personnel as part of that list because it is a different category involving an authorised officer or vet. We have the capacity to be able to put in knackery personnel as part of the animal welfare regulations at a later stage if we wish to do so.

The main concern here is for farmers who have to put down an animal and do not want to have to go through the expense of calling a vet if it is a fairly straightforward procedure, as they can get somebody from the knackery yard to do it. Alternatively, farmers can do it themselves if they are competent. That is allowed for in the first subsection. We may have confused matters and although I know what the Senator is proposing, we are dealing with a separate issue, and people do not have a problem with it.