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

Amendment No. 53 has been introduced to address the issue of fixed penalty notices or on-the-spot fines, as they have been described by some. The amendment is intended to make clear that the authorisation to issue the fixed penalty notice is separate from the general authorised officer provisions of the legislation. The Bill provides adequate checks and balances and I am satisfied it will not be possible for what could be described as a "trigger happy" officer to issue spurious on-the-spot fines.

I will elaborate a little on this matter as it gave rise to concerns in the earlier debate in the House. We have amended the section to provide that a fixed penalty notice cannot be issued by one officer acting alone. Instead, an officer who wishes to issue a fixed penalty notice must first obtain the authorisation of a second officer in a divisional veterinary office or local authority. As such, it will not be possible for fixed penalty notices to be issued in a trigger happy manner. The approval of a second officer must be sought before an officer may issue fixed penalty notices, which are essentially a slap on the wrist for individuals who have been responsible for minor offences. No one wants to take people to court for such offences, unless absolutely necessary. It is important, therefore, that officers have available to them a penalty that equates to an on-the-spot fine. The amendment introduces a check on the initial proposal by providing that a second authorised officer must sanction a fixed penalty notice.