Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

This group relates to the prohibition on animal cruelty. The amendments are a number of small changes to section 12 that reflect a number of issues raised by Deputies. In the main, they serve to improve the language of the section and provide that where a suffering animal is seized, the dependent offspring also can be seized. This provision is unlikely to be used, as where animals have been mistreated, it usually is that other animals in the herd or flock have been similarly mistreated. Amendment No. 13 allows that where an authorised officer has clear reason to believe a notice will not be complied with, he or she can seize animals. There have been cases in which offenders have ripped up notices or made it clear they have no intention of complying with lawful direction. This provision allows that if such a situation occurs, the authorised officer need not wait for the animals to suffer any further. This should not be read as some form of carte blanche for authorised officers to act as they please. If an officer is challenged in court and cannot show a genuine and compelling reason for his or her actions, then they will not stand. In other words, I am trying to give sufficient power to authorised officers to act on the spot. If they can see that animals are being abused and mistreated and if they are dealing with someone who was being completely unreasonable and unbalanced in terms of not respecting a written direction, one must allow an authorised officer to proceed and actually seize animals. However, such authorised officers must defend that course of action in court if necessary and if challenged.