Pippa Hackett (Green Party) | Oireachtas source

I am pleased to be here to introduce the Animal Health and Welfare and Forestry (Miscellaneous Provisions) Bill 2021. The Bill went through all five Stages in the Dáil, and pre-legislative scrutiny before that, and is now before the Seanad.

The Title of the legislation was changed on Committee Stage in the Dáil to the Animal Health and Welfare and Forestry (Miscellaneous Provisions) Bill 2021 from the Animal Health and Welfare (Miscellaneous Provisions) Bill 2021 to reflect amendments to the Forestry Act 2014 introduced by me and incorporated in the Bill.

The purpose of the legislation is to prohibit fur farming in Ireland, provide for a compensation scheme for the farmers affected and introduce other miscellaneous amendments to the Animal Health and Welfare Act 2013. The legislation also introduces some unrelated but important amendments to the Forestry Act 2014, enabling the Minister to facilitate small-scale planting of native trees without the need to first obtain an afforestation licence.

I will now deal with the main provisions in the Bill. Section 1 is a Short Title and commencement section. It defines the Short Title of the Bill as the Animal Health and Welfare and Forestry (Miscellaneous Provisions) Act 2021. The section also contains a commencement provision which will authorise me to choose the date on which the provisions of this legislation will come into operation.

Section 2 is the definition section. It contains one definition only. The Animal Health and Welfare Act 2013 is defined as the "Act of 2013".

Section 3 is an amendment to the definition of "animal product" set out in section 2 of the 2013 Act. The new definition will include wool, skin, fur or feathers derived from an animal.

Section 4 is an amendment of section 39 of the Act of 2013. Section 39 provides gardaí with a power of arrest without warrant for certain animal health and welfare offences.

Section 5 is an amendment of section 52 of the Act of 2013. Section 52 provides for the penalties that apply to animal health and welfare offences. The offence will be prosecuted on indictment only, indicating the serious nature of the offence and the person convicted will be liable to a fine not exceeding €250,000 and-or to a term of imprisonment not exceeding five years.

Section 6 repeals Part 12 of the Act of 2013. The latter contains provisions in respect of the regulation and licensing of animal marts. This part of the 2013 Act has never been commenced. The Minister's sole policy concern in relation to marts relates to animal health and animal welfare and not the "business of an animal mart" as currently provided for in Part 12.

Section 7 inserts a new Part 12A into the 2013 Act, containing 13 separate sections that collectively provide for matters such as the prohibition on fur and skin farming, compensation for existing fur farmers and related ancillary matters. These new provisions are sections 71A to 71M.

Section 71A provides for a set of definitions to apply to specific terms appearing in this new Part 12A of the Animal Health and Welfare Act. Of particular importance here is the wide definition of "specified animal", which ensures that the prohibition on fur and skin farming contained in this new part is extensive. It should also be noted, however, that the definition of what constitutes fur or skin farming is confined to the breeding, rearing or keeping of specified animals solely or primarily for the value of their fur or skin, etc. This prohibition will therefore not apply to animals farmed primarily for other purposes. A further definition to note is the definition of a "redundant worker". A redundant worker is defined as an employee who was dismissed during the period commencing six months before and ending six months after, the date of commencement of the Act. This provision applies certain parameters and limits to the group of workers that will be eligible when compensation is being calculated.

Section 71B contains the prohibition on fur and skin farming and creates a new criminal offence of engaging in fur or skin farming in contravention of the section.

Section 71C provides for a procedure to be followed for the disposal of specified animals that have been seized by authorised officers on the basis that they are being kept for the value of their fur or skin. The Minister shall, as soon as is practicable after the seizure and detention, apply to the District Court for an order authorising the disposal.

Section 71D sets out the overarching principles that will govern the compensation payable to existing fur farming enterprises that will be forced to cease their business activities as a direct consequence of the prohibition on fur farming provided for in this Bill. Compensation will be payable for income losses, non-income losses and costs incurred as a direct result of the prohibition. The amount of compensation for each affected fur farming business is to be determined by an independent assessor to be appointed by the Minister.

The Bill contains principles and policies that authorise the Minister to make regulations to specify the income and non-income losses and other costs in respect of which compensation will be payable; the basis of valuation for assessing income and non-income losses, and to provide for financial limits to apply to certain compensation payments where appropriate. Regulations will also provide compensation for the costs involved in disposing of breeding mink, demolition and clean-up costs, for payments required to be made to redundant workers, for certain professional fees incurred in the preparation of applicants’ claim form and in the making of representations to my Department relating to the development of this legislation.

Regulations can also be made to provide for a number of administrative matters including advanced payments to claimants prior to any final determination of their compensation entitlements under this Bill, the appointment of an assessor, the form and content of applications for compensation, information required to be furnished by applicants and any other matters that are incidental, supplemental and consequential thereto.

Section 71E provides for the appointment of an assessor to determine the amount of compensation that will be payable to an applicant. The person so appointed must possess an appropriate level of skill, knowledge and qualifications to perform this important function. The assessor shall be independent and shall be paid fees and expenses as determined by the Minister and the Minister for Public Expenditure and Reform.Section 71F establishes the procedure to be followed when an application for compensation is received by the Minister. Section 71G provides the assessor with the power to require further information or documentation from an applicant if the assessor considers that it is reasonably necessary to have the additional information. The assessor may issue a notice in writing requiring applicants to provide further information or documents or to verify such information or documents within a define period for response. Where the information or documents are in the power, possession or procurement of a third party, the applicant shall make every reasonable effort to obtain that information.

Section 71H provides direction to an assessor on how to proceed in the event of a failure of the applicant to co-operate. Section 71I provides for the procedure that the assessor will be required to follow in determining a compensation application under this Bill. Section 71J provides for an appeal option where either the Minister or an applicant is dissatisfied with the assessors compensation determination. Appeals against the assessors determination will be brought in the High Court and applicants will have three months to lodge any such appeal. The High Court will have the power to affirm, vary or set aside an assessor's determination. The High Court will also have the power to remit an assessor's determination back to the Minister should it consider it appropriate to do so. However the High Court in affirming, varying or setting aside an assessor's determination, may do so only when there is a serious and significant error or a series of such errors in the determination. The legislation will provide an effective right of appeal against an assessor's compensation determination should any party consider it necessary to challenge same. Section 71K is related to High Court appeal options while section 71L deals with payment of compensation. Section 71M covers the revocation of licences. The legislation provides for the revoking of all licenses to mink farms for the value of their fur that are current on the day before the commencement of Part 12A of the Bill.

Section 8 is an amendment to Schedule 3 of the 2013 Act. Section 9 is an amendment of the Forestry Act 2014 and introduces definitions that facilitate the promotion of small scale planting of native tree species in a nuanced manner. The section defines "native tree area" as meaning:

land under trees—

(a) with— (i) an area of not less than 0.1 hectare and not greater than 1 hectare, or

(ii) an area of not less than 0.1 hectare that is not greater than 20 metres in width, and (b) where the trees concerned are native tree species only, of which not more than 25 per cent are Scots pine

Section 9(b) aims to enable the State to successfully transition to a low-carbon, environmentally sustainable economy. Under this section the State will be able to introduce schemes to incentivise the planing of native tree areas. Section 9(c) introduces text that permits the Department to facilitate the planting of native trees without an afforestation licence under section 22 of the Forestry Act 2014. Section 9(d) through the planting of native trees, enables the State to successfully transition to a low-carbon, environmentally sustainable economy. This amendment is supported by additional provisions to ensure that any scheme protects the environment and complies with environmental law. Section 9(e) introduces a reference to a native tree area grant into section 27 of the Forestry Act 2014 which deals with offences and penalties. Where an applicant furnishes information or makes a statement that he or she knows to be false or misleading in a material respect, he or she shall be guilty of an offence under the Forestry Act 2014. Section 9(f) introduces a schedule that lists the native tree species for which the amendment will apply. Any scheme subsequently created on foot of this amendment will also be confined to the native tree species listed in the schedule.

Section 10 repeals certain legislation. It provides for the repeal of the Milk (Miscellaneous Provisions) Act 1979. This Act is no longer required and will now not be replaced.

I have presented a detailed view of the provisions of the Bill and now welcome comments from Senators.