Seanad debates

Wednesday, 22 May 2013

Animal Health and Welfare Bill 2012: [Seanad Bill amended by the Dáil] Report and Final Stages

 

2:55 pm

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

These relate to codes of practice. These are a group of small drafting changes to the section which provides for codes of practice. These will be a central feature of this Bill in a series of different areas. While there has been some disquiet about codes, it is difficult for me to understand it. It is clear that a code cannot create a new offence, it can only illustrate an existing offence. For example, if I adopt a code saying a fully grown male pig needs five to seven litres of water per day, this merely illustrates how one might comply with the provision in section 13 that an animal keeper must provide sufficient quality of feed and water. The code gives everyone - animal keepers, authorised officers and the courts - a better understanding of what is to be done.

This is not some sort of regulation by the back door, it is a way to improve understanding of precisely what is covered by existing laws. The technology changes regularly so it is neither possible nor desirable to put such detail into primary legislation. This is why codes of practice are a useful tool, particularly in this Bill where we are trying to improve standards. That is a basic explanation of the difference between a code of practice and regulation. One makes new law while the other outlines practice to be consistent with existing laws.

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