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Dáil Éireann debate -
Friday, 28 Nov 1924

Vol. 9 No. 18

DAIL IN COMMITTEE.

SECTION 3.

I move Amendment 1:—

In page 3, Section 3 (2), after the words "pure-bred bull," line 12, to insert the words "which need not necessarily be entered in a stud book."

Under this section of the Bill, as introduced, the Department was still to be the judge of what type of bull was suitable to the district. The Minister introduced a new sub-section which provided that the Minister shall not refuse a licence under this Act in the case of a pure-bred bull. My amendment, if accepted, would include the ordinary shorthorn type of bull, bred in the dairying districts, and my contention is that that type of bull is really a pure-bred bull, although not in a stud book. It is from this type of bull we export practically 99 per cent of our £15,000,000 worth of cattle. I think we ought to be very cautious about State interference in this industry. If the usual definition of "pure-bred bull," which is that the bull must be in a stud book, is accepted, then that excludes the ordinary type of Shorthorn. I hold that that is the most valuable type of bull we have in this country, because it is a dual-purpose bull.

It is from that type that we export our £15,000,000 worth of cattle. Dairying is the most speculative of agricultural pursuits, and it is very hard to carry on at present owing to the reluctance of farm hands and the reluctance of farmers' children to be engaged at milking, especially on Sundays. I hold it would take very little State interference to drive the farmer from that particular type of agricultural pursuit, and that would mean an immense loss to the nation. This is the second Bill that has been brought before the Dáil within a few months, allowing the Minister and his Department to intervene in the individual farmer's business. I would advise the Minister not to push State interference too much. If that is done the farmer will refuse to co-operate and the Bill will do an immense amount of harm in the country, because you will have certain farmers turning from dairying to the feeding of stores. On that side of the industry they will not be bothered with inspectors such as are appointed under the Dairy Produce Bill and this Bill.

The profits may be smaller in regard to the feeding of stores, but it is a more certain part of the industry, because dairying, as I have said, is the most speculative section. If a farmer can, year in and year out, rear 65 per cent. of his calves, then he is very lucky. I would impress on the Minister the importance of my amendment. At the present time there is no certainty in regard to the whole Bill. The Minister may or may not grant a licence, if it is any other type of bull than a pure-bred bull. What farmer will invest money in the rearing of bull calves when he is at the mercy of a Departmental expert who will decide whether or not he will grant the permit? In the Bill as drafted there is no finality. A farmer has to sell his bull or bulls at auctions or fairs, and the sale is conditional on whether the purchaser will receive a permit; if he does not receive the permit the bull must go back to the original owner. Actually in the sale of bulls there is no finality. The Minister, I submit, would have gone far enough if the whole tendency of the Bill was to eliminate the scrub bull for the time being.

Might I ask what constitutes a pure-bred bull?

Deputy Hewat asks for a definition of a pure-bred bull. In my amendment I am trying to define it. I am willing to accept the definition that a pure-bred bull need not necessarily be in the stud book. That would debar the half-bred bull, a half-bred Polled Angus or Shorthorn. It would only let in the ordinary Shorthorn type the country knows well.

Deputy Hewat raises a point which should be cleared up. Pure-bred bull is a term that has a definite meaning at the moment, and whatever our intentions may or may not be, we can only carry out those intentions by keeping to existing and accepted definitions. I am leaving out intentions, or the objects that we are aiming at, or the issues between myself and Deputy Hogan. A pure-bred bull is one entered in a prescribed herd-book. That is a well-known definition. We can make it more definite by saying a pure-bred bull which is entered in a prescribed herd-book. We can also, if you like, define the other bulls more clearly.

Does the Minister mean there is no such thing as a pure-bred bull outside the herd-book?

For the purposes of the trade. After all, words are for the purpose of conveying certain ideas. You can only convey ideas through the medium of language, and every farmer and judge must accept the accepted meaning of a particular word that occurs in an Act of Parliament. If there is any doubt as to the meaning of pure-bred bull, we can make that meaning so clear that everybody will realise we intend a special class of bull; but that is only a question of words. The commonly accepted meaning of pure-bred bull is a pedigree bull; every farmer will agree with that. A pedigree horse is a horse which is entered in a prescribed stud-book. Deputy Hogan went just a little outside his amendment; he raised an issue which I will deal with. The word "pure-bred" occurs here only in connection with one particular clause of Section 3. I do not think it is fair or to the point to base an argument on the word "pure-bred," as if it applied to every other section. Taking it as it stands, the amended Section 3 reads:—

"The Minister shall not grant a licence under this Act in respect of any bull which appears to him

(a) to be calculated to beget defective or inferior progeny."

There is nothing whatever about a pure-bred or non-pure-bred bull there. Paragraph (b) of that section says: "to be affected by any contagious or infectious disease," and paragraph (c) says: "to be affected by any other disease or defect prescribed as a disease or defect, rendering a bull unsuitable for breeding purposes." There is no limitation there in regard to a pure-bred bull.

There is no warrant in any of those three paragraphs for saying that the Minister has any power to refuse a bull because he is not pure-bred. Under the section the Minister may refuse a bull, not because it is not pure-bred, but because it is defective or affected by any contagious or other disease. I agree with Deputies on the Farmers' Benches that intentions are not to the point. If the definitions are not clear enough we can make them clearer. So far as Section 3 is concerned, or the paragraphs of it that I have quoted, I am putting it to Deputy Hogan that the Minister has no power to refuse a licence merely because the bull in question is not pure-bred. Any Minister for Agriculture or any Department that would come forward with a proposal that no bull should be licensed in this country except pure-bred bulls, would be putting forward a proposal that everybody who is in the trade knows is utterly and absolutely impossible. Any man fathering such a proposal would not know the elements of the business. I go further and say there is no warranty for the suggestion that we have any power to refuse a non-pure-bred bull simply because he is not pure-bred. We have power to refuse a pure-bred bull for such reasons as that he is calculated to beget defective progeny or that he is affected with disease. I hope that is clear.

There is some confusion caused in regard to the next clause by the fact that we give, in regard to one clause, a special privilege to pure-bred bulls. That privilege is that the Minister shall not refuse to grant a licence to a pure-bred bull on the ground that the bull is unsuitable for the particular district, if the owner undertakes that the bull is being used for his own cows only. That does not either directly or by implication give power to the Minister to refuse a pure-bred bull; it does not coerce the Minister to refuse a half-bred bull. The Minister for the time being may also give a licence for a half-bred bull for a particular district, provided, even though the bull is unsuitable for the locality, he is used exclusively for the cows of an individual farmer in that district. I think we all agree on this much: (1) About fourteen-fifteenths of the bulls in this country are in fact, and will be for a long time, non-pedigree bulls. (2) Either a pure-bred or a half-bred bull not suffering from any of the defects mentioned as a good reason for refusing a licence, should be allowed into a district, provided it is used exclusively for the cows of an individual farmer, even though it is unsuitable for that district.

If we all agree on those general principles, it is only a question of finding words that will give expression to what is common agreement. I suggest that the Bill does give that expression, and it is clear on the face of it that we could not refuse a bull because he is not pure-bred. It is equally clear—and I say this for Deputy Johnson's benefit —that we cannot refuse a bull unless he suffers from one of the specific defects that I have already enumerated. If we agree on these two principles, then show me where that section does not give effect to them, and show me how it could be otherwise proved without attempting certain possibilities which we all deplore.

I do not think the Minister has met my point. Sub-section (2) touches on the case of a pure-bred bull. According to the explanation of the Minister, he is not compelled to grant a licence to the ordinary Shorthorn type of bulls in the country. That was the purpose of my amendment. It is suggested that there is nothing in the clause preventing a man from receiving a licence; but I would direct the Minister's attention to Section 4, dealing with the suspension and revocation of licences. According to that section the Minister retains power to refuse a licence to the ordinary Shorthorn type of bull.

To any bull.

I cannot see the advantage of clause 2, and as regards the Minister's powers to select a bull suitable for the country, I think it is unreasonable. If I purchase a bull at Ballsbridge it is not likely that I would select one that would not be accepted by the country and would not be suitable for the locality. It would be to the interest of any farmer to purchase a bull suitable for his district. He would probably want two or three kinds of bull, say a dairy bull and a store bull. A bull that, in the opinion of the Minister, might not be suitable for a certain locality might, in the opinion of the farmers, be absolutely necessary for it.

The Deputy, I think, has made reference not to the amended clause but to the original one.

The real difficulty is that we should have taken amendment 2 before amendment 1, which is to delete the section and to insert a new section, and then taken amendment 1. If there is a general agreement to delete the section we can take that as agreed.

Could we take amendment 2 as the question before us? There is not agreement regarding it in its present form, I think.

We could, and then take Deputy Hogan's amendment afterwards.

Amendment proposed (Mr. Duggan):

"In page 3 to delete section 3 and substitute the following section:—

‘3.—(1) The Minister shall not grant a licence under this Act in respect of any bull which appears to him—

(a) to be calculated to beget defective or inferior progeny, or

(b) to be affected by any contagious or infectious disease, or

(c) to be affected by any other disease or defect prescribed as a disease or defect rendering a bull unsuitable for breeding purposes.

‘(2) Except in the case of a pure-bred bull the property of one person and used exclusively for the service of cows the property of that person, the Minister may refuse to grant a licence under this Act in respect of a bull which appears to him to be of a breed or type unsuitable for the district in which it is kept or is proposed to be kept.

‘(3) The Minister may for the purposes of this section cause any bull in respect of which an application for a licence under this Act has been made to be inspected and examined and, in the prescribed cases, to be marked in the prescribed manner with the prescribed mark by an inspector at the time and place appointed by the Minister for that purpose, and it shall be the duty of the applicant for the licence to bring the bull at the time and to the place so appointed.

‘(4) Where the applicant for a licence under this Act fails to bring the bull to which his application relates at the time and to the place appointed as aforesaid, the Minister may refuse to grant the licence or, if so required by the applicant and upon payment by the applicant of such fee (not exceeding five pounds) as may be prescribed, may cause the bull to be specially inspected, examined, and marked as aforesaid for the purposes of this section at such time and place as may be appointed by the Minister for that purpose.'"

Apparently the Deputies are afraid of the proposal under sub-section (2) of the proposed new section that a Minister may refuse to license a bull, except a pure-bred one, on the grounds that he is unsuitable for the district.

Will the Minister explain what is the necessity for sub-section (2)?

The necessity is this. Take any district you like, for instance, any breeding district in County Kerry. The people have a Holstein there, and for the Aberdeen Angus cattle, let us say, they want to have an Aberdeen Angus there, and the same applies to the Hereford or to any other breed. I take it the Deputy will agree with me that we could not possibly allow an unlimited number of the Aberdeen Angus breed to be brought into, say, Limerick, not only for the service of the owners' cows but of all other cows.

I want to plead for the individual farmer and to urge that he is the best judge of his own business. The farmers in Limerick have not confidence in the Department that they would select the bulls best suitable for their herds. The Department would work upon theory, but would not come down to put it into practice.

With regard to the question you put to Deputy Hogan as to whether he would agree that it would be right to let an unlimited number of Aberdeen Angus bulls into Limerick, I put it if the Minister consents to permit one individual in a district to have an Aberdeen Angus for the use of his own cattle, would he not find himself in a difficulty in his administration if he were called on to refuse another farmer within a radius of perhaps 10 miles in the same district to keep a similar animal? The Minister might come to the conclusion that too many of these might not be suitable, but would not the difficulty of administration be very great if one farmer were refused the right that another farmer is allowed to exercise?

It is hardly putting the case fairly as between one or two farmers. There does seem to be a necessity for this Bill. It was called for by every farmers' organisation. Why? Was it not because the individual farmer would not do what he ought to do? There is no use in getting up at this stage and saying: "Give the individual farmer liberty." That is all right as far as it goes, but a Bill for the control of live stock was called for. It is admitted by every organisation that some State interference is necessary, and there is no use now in making a plea for individual liberty. That would be aiming at the basis of the Bill.

In the selection of the type of bull we must have individual liberty.

In answer to Deputy Baxter's question, if an individual is allowed to bring in a bull for the service of his own cows alone, does that mean half-bred or pure-bred?

I was referring to the difficulty in your administration. Deputy Gorey lives ten miles, say, from Deputy Wilson, and they are two farmers who want to keep bulls for their cattle. Will you have a right to permit Deputy Gorey to keep an Aberdeen Angus, and refuse Deputy Wilson to do so? Do you not see that if you come to the conclusion that an unlimited number of a certain type would be a bad thing for a certain district and you do exercise your authority to restrain farmers from bringing in an unlimited number to the district, the difficulties of administration would be very great?

What would happen is, this licence from the Department to bring in certain bulls would be given, provided the bulls complied with the required conditions, and did not offend against the other sections. Then some two or three years after we would wake up and find there were too many bulls of that sort in a particular district, and the policy would be changed. It would not be a question of refusing licences, it would probably take some form like this: I put it that with the consent of every farmers' organisation in the district that in the future we will not give any further licences of that kind. That is the way it would work out in practice. The dilemmas that Deputy Baxter has in mind will not occur; they do not occur in that way.

It was the Minister himself raised the point by asking as to whether we would agree that an unlimited number of these animals should be permitted in any district. It was in answer to that I put the other suggestion.

The question I put then is exactly the same as I put last. What I want to be in a position to do, and it is a matter for the Dáil to say whether it is right or wrong, is to deal with a state of affairs like this: This Bill is in operation, say, 10 or 15 years, and we find at a certain period that there are too many bulls of a particular breed in a district and most of the farmers say that is so, and the consultative council agrees that it is so. Do you not think that the Department ought to be in a position until the number of such bulls becomes less and the balance becomes right to refuse to allow that particular breed into the district? Is it right that we should have that particular power? There seems to be an idea that no bull but a Dairy Shorthorn would be allowed into Limerick, for instance. That is not so. When you have all the farmers sufficiently organised, and sufficiently conscious of the live stock breeding policy that the rest of the farmers are trying to put into operation by co-operating with the Department, you will reach a point where you will be getting the right results, but you may reach a point where you overstep the mark, and you have to draw in a bit.

These things must be in a fairly elastic form. If at a later period the organised opinion of the farmers came to certain conclusions, and that the Department came to the same conclusions, the Department would have sufficient power to give effect to these conclusions. I put it that if you want to bring that state of affairs into operation, if you want to give these powers which are necessary to make them effective, you will have to depend for their safeguards on the consultative council, and the fact that the Dáil is here, that the farmers are organised, and that the Press is there, and that it would be absolutely impossible for the Department to administer the Bill against the considered, organised opinion of the farmers. I am willing to take out the word pure-bred, and let the section read like this, though I think it is going very far: "Except in the case of a bull the property of one person and used exclusively for cows the property of that person"—that gives any individual the right to bring in a bull, provided that the bull is up to the standard and conforms to the specified conditions —"the Minister may refuse to grant a licence under this Act in respect of a bull which appears to him to be of a breed or type unsuitable,"etc. Let it read thus: "Except in the case of a bull approved by the Minister"—that is to say, approved under the other sections of the Bill. We have no power to go beyond the other sections. It might possibly lead to the bringing in of bulls in such large numbers, ostensibly for the use of the farmers' own cows, that we would find after a little while that the breed of the district was becoming a cross-breed. Nearly every big farmer in Limerick or the dairy districts has his bull. You might find that most of the calves coming from that district would be cross-breeds. It is not likely to think of that contingency. Where is it going to lead to? If that went in we would object to a half-breed Angus or a Hereford on the ground that it was calculated to cause inferior breeding.

If the Minister gives way on this pure-bred bull he may as well scrap the Bill.

Deputy Hogan, in moving this amendment, appears to be speaking on behalf of the dairy farmers of County Limerick. We had for a considerable number of years complaints that the milking qualities of the Limerick cows have deteriorated, and it is alleged that is because of the Department's schemes. The Minister denies that. The type of shorthorn introduced is too much of the beef type, and that has led to deterioration in the character of the cattle of the Limerick area. In the first version of the Bill the Minister seeks powers to refuse to grant a licence in respect of a bull which is of a breed or type unsuitable to the district in which it is proposed to be kept. It seems to be very necessary that he should retain such power, possibly even to meet the contentions that the beef shorthorn was unsuitable to the Limerick area. The fact that farmers had liberty in the past to use such bulls as they wished has undoubtedly led to the present type of beasts in Limerick, with its deterioration in milking qualities. The Minister sought powers to refrain from issuing a licence for a particular type of bull. He could under that power refuse to grant a licence to a shorthorn of a beef type in Limerick.

If the dairy farmer in Limerick has his own herd of cows and shorthorn bulls of the beef type for use on his own herds he will go a considerable way to continuing to reduce the milking qualities of those cows. Surely it is desirable that the Minister should have some powers to restrict that tendency. On representations from Deputy Cooper and others the Minister promised to introduce a saving clause which was designed to restrict the Minister's powers of refusal in the case of a private herd, really in the case of pedigree herds, and consequently the word "pure-bred" was entered into this. If you remove that phrase "pure-bred," we are making an exception of the herds of the dairy farmer, the breeding of which is to be scattered through the neighbourhood, and the fact is going to destroy, as Deputy Wilson suggested, the intentions of the Minister in taking those powers at all. To my mind, in the first three lines of his amended section, this exception in the case of pure-bred bulls would be better deleted, and the owners of pure-bred herds might be influenced by Deputy Gorey's advocacy that the Minister should be trusted to exercise due discretion in his refusal to grant licences.

That is not right.

I think it is reasonable to expect the Minister to exercise due discretion as in the other case of the Local Government Bill.

There was a different Minister there.

There may be a different Minister next year, even in Agriculture. If we retain the words "pure-bred" and assume the definition the Minister suggested that it should be pure-bred cattle entered in a herd book, no great harm would be done, though I do not think any great good would be done. I oppose Deputy Hogan's amendment, and I oppose the Minister's proposed concession on the ground that the effect of it would be to allow large dairy farmers to introduce at their discretion a type of bull which may have the effect of deteriorating cattle in the neighbourhood. The farmer in question is not thinking of the cattle in the neighbourhood. He is thinking of the cows he is going to sell to another neighbourhood. The danger the Minister is trying to guard against in the Bill right through would remain if the amendment of Deputy Hogan and the concession of the Minister were conceded.

This section has two purposes which now appear more plainly. Sub-section (1) proposes to manage the scrub bull, and the farming community are in favour of that as a whole. What causes scrub bulls to be placed on the market? The motive is greed. In that respect the community need to be protected against its most covetous member who, for the sake of saving a small sum of money, does harm to the whole of the cattle. Sub-section (2) enables the Minister for Agriculture to insist on a certain farming policy to be pursued, in certain words. I am not sure that the farming community as a whole are in favour of that. Deputy Baxter says it could not be done. I know the Department of Agriculture for many years and I am sure they will try. The Department always assumed that they knew better than the farmer and that they were to lay down rules and regulations which the farmers were to obey. Now that the Department have been reinforced by a stock of obstinacy in the person of the Minister. I do not suppose that policy would be changed. I disagree with Deputy Johnson's suggestion, because whatever the motive of importing Aberdeen Angus into Limerick may be it is not a motive of greed. It is a question of policy. A man wishes to farm on a certain policy and to raise beef as well as dairy cattle. He may be making a mistake. I am opposed to preventing people from making mistakes by State interference. Let them make mistakes and let them learn from them.

If mistakes have been made in Limerick, presumably the farmers have learned from them. I do not believe in State interference all the time. Then, again, conditions must change. The competition of Danish and New Zealand butter gradually put our butter out of the British market, so that it became necessary for the farmers to change from dairying to stock grazing. How would that be done? The farmers might realise they had to make a change and could not farm better under the old system. I suggest the later method is better, and if the Ministry start trying to lay down laws as to the sort of cattle a farmer is to raise they will cause a great amount of friction, and deprive the farmer of the educational value he should possess from experiments. I believe in persuasion. The Minister, in his hypothetical cases, said you might take admitted cases where every one would agree that no more bulls of a certain kind should be brought into a certain area, and that consultative councils would agree to that procedure. I am not up against what the Minister said in that regard.

The council is there to be consulted on matters which the Minister chooses to lay before it. I see nothing in the section dealing with the matter that would enable the council itself to raise the matter. If there was an appeal from the decision of the Minister to the council, an appeal which would be an effective one, and in which the council could reverse the decision of the Minister, I would not object to giving the Minister these powers. They may be necessary, but they should be regulated, as they are powers capable of altering the whole agricultural policy of the country. These powers may be exercised, not by the present Minister who has studied these things and who is a better authority on these matters, but by Deputy O'Connell, or Deputy Good. Anybody may become Minister for Agriculture in the future and he will have these enormous powers, and you cannot ask for a guarantee against a crank or a faddist. I am not now, of course, referring to either of the Deputies whom I have named, but to the third possibility of a crank or a faddist obtaining that post. I suggest to Deputy Johnson, although I know he is in favour of State regulation, that even in State regulations there should be some appeal, and we would have less difficulty in giving these powers if a consultative council had power to override the Minister. The Minister would not, of course, like that.

I do not suggest the present Minister but a hypothetical one.

Does the Deputy suggest that the Consultative Council should have the last word? Is he advocating the administration of this Bill by a consultative council?

I am advocating a right of appeal to the council, and that the Council's appeal will be final.

I have heard reference made to this Council being the final authority. I believe, if this question is going to be decided at all, that somebody should have authority, and I believe that the Dáil should be the final authority. The Minister, being an extern Minister, will be responsible to the Dáil and the Dáil ought to be the final court of appeal. I agree with the idea of a consultative council where the Minister and his advisers will have an opportunity of discussing matters with people who know their business and who know the merits and demerits of the position. I should like to see the power given to the Minister to give effect to these decisions of the consultative council in conjunction with his Department. On the previous stage of this Bill I objected to the words "pure-bred" because they convey a definite meaning. To anybody acquainted with cattle-breeding the words "pure-bred" mean a bull or beast either registered in a particular book for the breed or qualified for registration. I raised the question and objected to the use of the words, because I know that they mean the exclusion, if the Minister so decided, of half-bred stock which is the stock of Limerick and the South. Some people are confusing in their minds the words "half-bred" with-the words "cross-bred," but there ought to be no such confusion. The words "half-bred" have a very distinct meaning, and they mean something short of pedigree cattle. They mean the dairy Shorthorn type, pure and simple, without a pedigree. That is what a half-bred means. A cross-bred is a cross, say, between the Shorthorn and the Kerry or between the Kerry and something else.

I asked the Minister previously to see if he could take out the words "pure-bred," and I think it would be much better if they were removed. I say that this Bill, which is badly needed, will be of no effect unless some authority has the right to enforce it. What is the use of the Bill unless some authority is in a position to enforce it? There is no use reading into the Bill something which it does not say, or give it a meaning which it does not bear, or give it an intention which it has not. It is not intended to interfere with the counties of Limerick, Clare and Tipperary, if the cattle there come up to a certain standard, but it is intended to prevent the introduction of bulls into, say, Cahirciveen except for public purposes. We should distinguish between public and private service. Even into Cahirciveen you can take a bull, and according to the Minister not a pure-bred, to be used by an individual in connection with his own herd. That gives all the liberty an individual needs. I do not think that some of the things that have been stated here have any foundation in fact. I should like to depart from the words "pure-bred" so as to allow a breeder to bring in a dairy shorthorn which is not a pure-bred.

He has that power.

He has, but why use the words "pure-bred," which mean to all intents and purposes, with a pedigree? I see no reason why the Minister's suggestion should not be accepted.

There is a slight confusion here amongst the members of the Farmers' Party. I know that we all have the same idea at heart, the improvement of cattle breeding, but I want to point out to the Minister that he is going to do a great wrong if he adheres to the use of the words "pure-bred." In the particular case in which he has inserted these words they only apply to certain areas where the type of breed is not suitable to the district, and the Minister cannot refuse a licence to any breeder of pure-breds who wants to bring in a pure-bred. He must give him a licence and he must give a licence to half-bred bulls if the words "pure-bred" are eliminated. In that event what use is your Bill? It is only a question of certain districts where a man has a pure-bred herd and it is necessary for him to have a pure-bred bull. The Minister must give him a licence. If you eliminate the words "pure-bred" and allow him to take in a half-bred, and if the Minister has to give a licence, what will you end in? You will end in confusion and cross-breds.

Not in cross-breds.

I have listened with great attention to what the Minister has said, and I think that he always brings first-hand knowledge to bear on the subject which he is going to discuss. It is not with him a question of seeking information elsewhere about a subject and then coming here and airing that information second-hand. He has authoritative knowledge on the dairy and cattle-breeding industries, and we always listen to him with attention because he knows his subject. I fear, however, that he is making one great mistake. He is possibly thinking of the Department of Agriculture as it once was, when certain, let us say, faddists got certain ideas into their minds and forced them, because they had the power, down the throats of the people to the detriment of the country. The people to whom I refer did some very valuable work, but they also did much work that was wrong. When people in my area came up to Dublin they were prevented from buying cattle at Ballsbridge and were told to go to Glasnevin. The Argentine agents came over and took cattle from Ballsbridge, and the people from my area had to bring home inferior animals from Glasnevin. That is, perhaps, the reason why men like the Minister are sceptical regarding the Department, but in my opinion all that is changed.

A good deal depends on the advisory committee with whom the Minister will get into touch. The point has been raised by Deputy Cooper that possibly in the future you may have a Minister for Agriculture who will not have knowledge of his work or who may not be in a position to carry out his knowledge. That is, of course a danger which the Minister seems to see and against which he is trying to provide in this amendment. I think there is no possibility of that. If he thinks that the half-bred Shorthorn, to which Deputy Gorey referred, is going to be refused a licence by the Department what are the advisory committees for? If the Department, by any chance, refused to give a licence to that particular type, what would be the use of the advisory committee? There will be advisory committees with which the Minister can consult in any area or county, and surely if the Minister and his advisers go against the opinions of the members of these committees they will be going against the views of people who have spent their lifetime in getting experience of the conditions in those areas. I do not think that any Minister with any common sense would attempt to go against such committees unless they are a very divided body, which is not likely, as they would probably know what their requirements are.

May I remind the Deputy that there is no provision for area consultative committees. The Minister proposes only to have one consultative committee.

I think that that is a point which the Dáil, especially the members of the Farmers' Party, could recommend, and I am sure the Minister will be prepared to meet them. I am sure that the Minister will be glad to consult with people in every one of the Twenty-Six Counties, because he wants this Bill to be a success. The country wants it to be a success, and I believe that the Minister is prepared to consult with those who are in a position to give him advice, and I refuse to believe that he is going to turn down the opinions of people who have a close knowledge of their subject. I agree with Deputy Wilson that the idea of cutting out the words "pure-bred" is an utter mistake. A Bill is brought in to improve the breeding of cattle, and if the Department weakens its position in that respect what type of bull are you going to get? You may get a very inferior animal.

Much as I dislike the principles of this Bill—and I find myself in spiritual affinity with the ideas expressed by Deputy Cooper —I feel that to expunge the words "pure-bred" from this section would be a very serious mistake. In fact, to do so would vitiate the underlying principle of the Bill which has been accepted by the House, and without any corresponding benefit. All the regulations and all the restrictions embodied in the Bill would still remain, and all the expense that the Bill will entail would still have to be shouldered by the people, but with no hope of any useful results. When the Bill was in Committee, I introduced an amendment which, unfortuately, I was not present to move, which would have even rendered this provision regarding pure-bred bulls more restrictive, and, in fact, confining the service of a pure-bred bull to animals of the same kind. In other words, I would object, seeing that the principle of the Bill has been accepted, to having a pure-bred bull allowed to serve indiscriminately, even in a case of a private individual, and confined to his own herd, other animals not of the same breed.

After all, it is cutting across the principle of the Bill. Are you not reviving in a more intensified form the whole mongrel species of scrub bulls that we have heard so much about? I think there is nothing in this case which calls for undue alarm amongst the farming community. The proposed sub-section (2) of Section 3 reads: "Except in the case of a pure-bred bull the property of one person and used exclusively for the service of cows the property of that person, the Minister may refuse to grant a licence under this Act in respect of a bull which appears to him to be of a breed or type unsuitable for the district in which it is kept or is proposed to be kept." View well the meaning of the words "except" and "may." A man with a pure-bred bull—and, of course, we accept the meaning of pure-bred to be that the animal is entered in the herd book—is absolutely safeguarded by that word "except." He must get a licence, whether the Minister considers the animal suitable for the breed or not, and in addition he can get him for the service of cattle and perhaps for the rearing of progeny that might not be quite in accordance with the Minister's intentions. The Minister takes further power, only that he "may" refuse; it does not say "shall" refuse. I doubt even in democratic and representative institutions whether the present or some future Minister for Agriculture could very lightly or without very grave and sufficient reason refuse a licence to a man in respect of this part of the sub-section. I doubt it, and I think it is unwise to press for the deletion of the words, or, in fact, to alter the section except to make it even more rigid, and as such if it were proposed to delete "pure-bred" I for one would vote against it.

I want to ask the Minister a question. Suppose that I attend a sale in Dublin, Belfast or Derry, and buy an animal suitable for my own requirements and, in my opinion, most suitable for my breed, and it is not pure-bred, would I be refused a licence?

I will answer that question when I am replying.

It has been suggested by the farmers that they would not object to a half-bred bull, but that they would object to a cross-bred bull. I would like to know how a man going into a fair would distinguish between one and the other.

When Deputy Cooper cast his eye round the House to see somebody who knew less about this matter he fixed upon myself. Perhaps he would be surprised to know that just over twelve years ago I acted as a member of a county committee of agriculture, and I advocated the principle of this particular measure. I do not claim for a moment to have the knowledge of this subject which any member on the Farmers' benches has, but I do claim to be able to understand plain English as it is written, and I do say that the amendment which Deputy Hogan seeks to insert would make nonsense of this measure, if I am to take it that the Minister's definition of a pure-bred bull is correct and is accepted. In the section the Minister sets out three classes which shall not get a licence in any circumstances. He also states that he may refuse to grant a licence in respect of a bull which appears to him not to be of a breed or type suitable for the district. But there is excepted from his power in that direction the case of the pure-bred bull. He must grant the licence to a pure-bred bull, and if I understand Deputy Hogan rightly he also wants to take the power from the Minister's hands and to insist that he must grant a licence to a bull which is not pure-bred and which may be unsuitable for the district. If we are to accept Deputy Hogan's amendment the section will read this way:—"Except in the case of a pure-bred bull, which need not necessarily be entered in the stud book——"

There is no question of that amendment going in.

As the Minister says there is no question of that——

I do not know exactly what we are discussing. If that is the case, and if there is no question of that going in, I would like to know what exactly we are discussing. Is it this amendment?

We are discussing an amendment to delete Section 3, but the discussion has centred round sub-section (2) of the proposed new section.

If the Minister does not accept Deputy Hogan's amendment it is within the power of the Minister or any future Minister to refuse to have the Shorthorn.

It must be suitable for the district.

There are very few pure-bred dairy bulls in the country. I suppose there are only one hundred or so, so that the County Limerick farmers would have to depend on their share of that hundred. Therefore, I advise the Minister to delete the words "pure-bred" in the case of dairy shorthorns.

The Minister can in fact refuse a licence to a shorthorn. That is what it comes to. Deputy O'Connell asked what was the question. The question really is this: whether the Minister may refuse to grant a licence in respect of a bull which appears to him to be a breed or type unsuitable for the district, and the option which the Minister has to refuse a licence on that ground is to be extended to a non-pedigree bull. That is the point. I will try to state the case shortly, and both sides of the House can take whatever decision they like on it. Supposing the substance, not the words, were agreed to; supposing it read "except in the case of a bull," leaving out the words "pure-bred,""the property of one person, the Minister may refuse to grant a licence on the ground that it is unsuitable." First, to be clear that a licence could be refused for any bull, pure-bred or non-pure-bred, if the bull was for the service of any cows other than the cows of the particular owner. That is absolutely vital and will have to stand. That is my attitude on that. I hear "hear, hear," from the Farmers' Party. I hope they are clear on that. Secondly, if the amendment were accepted there would still be power to refuse a half-bred Aberdeen Angus, a half-bred Hereford, or in fact any other half-bred except a dairy shorthorn.

I want to try to define exactly what the effect of Deputy Hogan's amendment would be. If that amendment were accepted the Minister could refuse, first of all, any bull except for the use of the owner's cows. Number two, he could refuse any half-breed except a dairy shorthorn. So that in order to try to confine it, that, I think, is clear in the Bill. If it were proposed to bring a half-bred Aberdeen Angus, or Hereford, or any other breed you like except a dairy shorthorn or a beef shorthorn, into a district which the Minister thought was unsuitable, the Minister could exercise his powers, regardless of this amendment, under clause (a). So that even as the Bill stands, any farmer may bring in a pedigree Aberdeen Angus, a pedigree Jersey, a Hereford, or any breed you like. It would not apply to any breeds other than half-bred dairy shorthorns or half-bred beef shorthorns, because under clause (a) we would certainly rule that a half-bred Aberdeen Angus or Hereford was calculated to be of a breed or type unsuitable for the district in which it is kept or is proposed to be kept. That is the extent of the change.

That is one side of the case. That is what we are asked to do. Is it right to do it? What is the other side of the case? I agree that at present we must allow any pedigree Aberdeen Angus, pedigree Kerry, in every area, as the clause stands, for the use of the cows of an individual owner. I agree that we must. But is it right to go a step further and say not only are we to have an option in that, may or may not as we think best, in consultation with any of the organisations concerned, but that we must allow a half-bred beef or a half-bred dairy bull into an area? That is what it comes down to, that we must allow under all circumstances a half-bred beef or a half-bred dairy Shorthorn into any area in the twenty-six counties. I hope that Deputy Nolan will get out of his mind the idea that we could possibly under the Bill refuse to allow a half-bred dairy Shorthorn into Limerick on the grounds that it was unsuitable for the district. If it means anything we could not do that as the Bill stands. Imagine a Minister for Agriculture, of whom even Deputy O'Connell, who was referred to by Deputy Cooper——

I am glad to know that Deputy O'Connell is so well qualified.

Imagine him refusing to allow a half-bred Shorthorn into Co. Limerick on the ground that it was a breed or type unsuitable for the district. The thing is a farce. If language means anything, no Minister could do it, and if he did he could not stand over it for an hour. I would not like to be in the position of the Minister to this Dáil or to any other Dáil who decided that a half-bred Shorthorn, fulfilling the conditions, was unsuitable for Limerick or any other district, with one or two possible exceptions. Do not let us, for goodness sake, get back to the point that a Minister has power to refuse to allow a half-bred Shorthorn into Limerick or any of these other districts. That is absurd. He could not do it. We have power to say if a breed or type is unsuitable to a district. That is all. If that gives the power that is suggested to the Minister—well, I cannot argue the question any further.

To come back to the point: Is it right that we should be coerced into letting half-bred Shorthorns into any and every district in Ireland, even for the use of cows of individuals in the particular district? To come back to the County Limerick—I know it is a dangerous place to talk about—is it right that, in all circumstances, in the future, beef bulls or, if you like, dairy bulls should be allowed in unlimited numbers into that county? In five or ten years the organised farmers of that dairy district in Co. Limerick may say: "We will have to limit the amount of beef or the amount of dairy cattle in the district at the moment." Is the Department to have that power? That is just the right we want to safeguard. That is really all that it amounts to. In addition, there is a breeding district around Cahirciveen, in County Kerry. I am not referring to the whole of County Kerry, but to the Cahirciveen breeding district. All the cows there are beautiful Kerry cows. The Department of Agriculture encouraged their breeding there and that type was developed in every way, with the result that the whole of that district now— with individual exceptions—is confined to the Kerry type.

We may deal with individual exceptions by letting an individual who has a herd of half-bred Shorthorns get a half-bred Shorthorn bull for the use of his own herd. But take that district down there. These Kerry cows are in tremendous demand all over England, crushing out the Dexter and the Jersey. There are tremendous possibilities in the Kerry cow for a particular type of land and for particular conditions. These cows are extremely suitable for suburban people with a couple of acres, of land around the house. There is a very big trade in these Kerry cows. If a buyer comes from England to that district, he is certain, when he walks into a fair, that he will get the right stock. He will get a good Kerry cow. We can continue to develop on those lines. That is only one case. The resources of civilization are not exhausted. Perhaps we will branch out in other directions and nobody knows what the future will bring. Suppose a lot of farmers were bringing in dairy shorthorns or beef shorthorns and that a lot of cross-breds were amongst them. You would get in the first cross a very nice black Kerry cow. The next would show all the signs of the shorthorn, and the whole reputation of that district would go down. It is no longer a case of where a stock of particular type can be got. Should the Department of Agriculture be put in the position that they would simply have to look on at that? Are they to be put in such a position that even if the organised farmers of the district asked for it, they could not do anything in the way of refusing a licence?

Remember, that if half-bred Shorthorns are brought in for the service of cows of a particular farmer, or of a number of farmers, it is difficult to prevent them serving other cows. In cases like that it is extremely hard to get convictions. After a while, you notice that half the cattle down there have become cross-bred. Would it not be a terrible loss if the Department could not interfere in a case like that? That is all we require. Is it right that we should not have that power? That is the other side of the question. That contingency may never arise. But, on the other hand, it may. In a comparatively short period a bull will breed ten or fifteen or twenty calves, and when these breed the trouble can spread very rapidly. That may bring about serious consequences. Suppose that in County Limerick in five or ten years hence, the farmers thought that there should be fewer beef Shorthorns or dairy Shorthorns coming in, and that they were coming in large numbers, you would have no power to intervene. It is idle to say that you can regulate this by voluntary means. It is a contingency, perhaps, that is not likely to occur, but still it might occur. These are considerations that bear on this point as it appears to me and I put them before the Dáil to dispose of as they think fit. I have listened to Deputies on this question, and I do advocate the retention of the word "pure-bred." It only refers to these Shorthorns.

As regards the consultative council, it will not be a council of so many representatives from each county. There is no necessity for that. The council will be composed of farmers and perhaps a few farmer-breeders. Half of that council must be, and will be, from districts like Cork, Waterford, Limerick, Tipperary and that area. As regards referees, half of the referees must be from that big breeding district. Is there any doubt whatever that a council constituted like that is far better than a council constituted of so many representatives of each county? Equally, is there any doubt whatever that if the Department did any of the things which Deputies seem to be afraid of, that the position would be made impossible by such a consultative council. These are the real safeguards to farmers.

I hope we will hear the last of opposition to this Bill on the ground that it is regulation. It is regulation. Every organisation of farmers and every county committee of agriculture has called for regulation and has thereby given away the principle of individual liberty. Deputy Cooper got up and talked about State regulation, and used a lot of generalities. He said he would very much prefer persuasion. That is all very well. His observations were not addressed to any particular clause. They were simply thrown out with regard to the whole Bill. Deputy Cooper may be right and everybody else may be wrong, but what I do want Deputy Cooper to realise is that in bringing in this Bill and taking power to make regulations, we are not alone on one side, with all the sensible people, like Deputy Cooper, on the other. We have, on the side of regulation, every farmers' organisation, every county committee of agriculture, every organised body of farming opinion in the country. There is no use discussing the question of principle at this stage. I have listened to the debate, and I suggest that the word "pure-bred" be retained. I have tried to explain that the only difference it makes is that it gives us power to prevent an undue proportion of half-bred Shorthorns coming into Co. Kerry. It does not really affect the case of Limerick or Tipperary, and I think it should be retained. If the Dáil desires, I will define "pure-bred" by saying "entered in a prescribed herd-book."

Do I understand that the Minister is going to put the retention of the word "pure-bred" to an open vote of the House?

If there is agreement. I want to get Section 3, as it appears in the Bill, deleted first. Then we would come to the proposed new section, which is down as a Government amendment. On that, I will take an amendment to sub-section (2), either in the form Deputy Hogan puts it in his amendment or in the form of deleting the word "pure-bred." I will take the amendment in whichever form Deputy Hogan prefers and put it to a vote, if he desires a vote.

In view of the definition, I would suggest that it would be better to put the amendment in the latter form—to delete the word "pure-bred."

In reference to what we have heard from the Minister and from Deputy Gorey regarding the Minister's intentions, there is one safe rule that Deputies should bear in mind in discussing a Bill—that it is not the intentions of the Minister that count, but what is actually in the Bill. Deputy Gorey said that he believed the Minister would not do this or would not do that, or that his Department would not do certain things. The Minister for Agriculture went on the same lines—that he could not refuse to issue a licence for the dairy shorthorn type in County Limerick. But we should all recognise that we are dealing with a very big industry—the key industry of agriculture. In Tipperary and Limerick they go in for rearing a type of bull from the dairy shorthorn cow, and that bull is sold at eight or ten months all over the Free-State. You have men coming down from Kilkenny, from Waterford, from Clare and from Cork for it. What will happen under this Bill? The Minister says it is his intention not to refuse a licence, but he has power under the Bill to refuse it. There is uncertainty there. Will the Limerick or Tipperary farmer sell these bulls in any way freely when he sees that their sale must be conditional? A Cork man comes to a Limerick man and buys a bull for £40. Naturally he says, "I will apply for a permit, but if I do not get it, you will have to take back the bull."

That is another point, now.

The Minister stands up and says: "It is our intention to give it." I do not mind what his intention is; I am only concerned with what is in the Bill. The word pure-bred could be taken out, I think. The Minister has barred out half-breds in Limerick and Tipperary and all over the country. There is a definition of half-bred, and that type is confined to the cross from the Polled-Angus, the Hereford, and the Holstein. The progeny got from a pure-bred shorthorn bull, through County Limerick and County Tipperary cows, is not a half-bred. With the two classes intermixed you have a magnificient progeny. The non-pedigree dairy cow in Limerick and Tipperary and all over Minister, and the pure-bred shorthorn, are very similar; therefore, you could never call them cross-bred. The functioning of this Bill depends upon the individual liberty of the farmer to choose the type of bull he believes will best suit his herd.

If the Minister does not allow that, he will get no co-operation from the farmers. As I have already stated, dairying is the hardest side of the agricultural industry. Even very little State interference would drive the farmer out of dairying business altogether and he will turn to the feeding of stores. In that branch he will have no inspectors, as he would have in the case of eggs, butter or cattle.

I would like to refer to one point. Does the Minister not recognise that there is weight in Deputy Hogan's argument and that there is a great deal of uncertainty in regard to this matter? In my own county I have met many persons who told me they actually did not know where they stood, and that is the situation all over the country. While we recognise that an improvement in stock is necessary, while we desire that improvement and would be prepared to do everything possible to bring it about, we realise we cannot reach the millennium at once. We are very low down, and we shall have to do some uphill work. The farmers all over the country will not be able to get anything like a small percentage of the bulls they want of pure-bred type. The uncertainty that exists leaves farmers in the position that they do not know where they are.

I think it would be much better if the Minister started lower down and left this matter open for the present. Later on, when we raise the standard, when the number of pure-bred animals increases, and when the farmers have been educated into this problem in a better manner than at the moment, then the Minister can seek to amend the Bill and the country will be better disposed to accept whatever his suggestions may be. It would be better to postpone this matter. At some later date it might be more advisable to launch it than to force it now on the people in circumstances that are not satisfactory.

I have, as far as I could, put the case for both sides in regard to this matter. I will leave this to an open vote of the House. I do not want Deputies to be too much impressed by what Deputy Baxter has said about the terrible state of perturbation farmers are in. I do not think they are so perturbed.

I am sure they are. It is all right to deal with a man who has plenty of money.

I want to draw attention to what, I think, is a fault in the phraseology. I suggest that a good deal of the discussion that has taken place has arisen from the fact that you have put the exception in the first part of the sub-section. It might be better if the sub-section read: "The Minister may refuse to grant a licence in respect of a bull which is unsuitable to the district, but he may not, in the case of a pure-bred bull, the property of one individual, to be used exclusively for the use of that individual's herd." Really that is what it all means.

It is the same thing.

It is, but the emphasis is there, and I think the emphasis that rather misled Deputy Hogan is on the word "pure-bred," dealing with animals the property of a person who is engaged in the breeding of calves. If the sub-section began with words to the effect that the Minister might refuse if these animals were unsuitable to the district, it might be an improvement; but then in the case of pure-bred herds, that option does not lie with the Minister. That is the intention, but in the form in which it appears the emphasis is laid in the wrong place, and that has led to a good deal of discussion.

Dairy farmers, as a rule, are very particular about calves. They do not mind about heifers, because a good deal of them could be sold fat before the end of the year. Only heifers that do not fatten will fall back on the farmer's hands. I would suggest that except in the case of a pure-bred or dairy shorthorn bull, the property of one person, and used exclusively for the service of cows, and heifers also, no licence should be granted. I think heifers should be included as well as cows.

There is one point that I wish to make. I fear Deputies Hogan and Baxter dread the word "may," and they dread the possibility that the Minister is going to do something that will make this Bill absolutely valueless in the country. If the Minister is going to use the power at his disposal in this hard-and-fast manner that Deputy Hogan has referred to, there would be no object in introducing the Bill. If he thinks the Minister is going to refuse a licence for half-bred bulls described as being purchased in Kilkenny, Cork, Limerick or Tipperary, where cattle are usually of the shorthorn type, because they are purchased by residents in other counties and taken elsewhere. I think he contemplates something that was never in the Minister's mind, or in the mind of anybody who approved of this Bill. The Minister retains the power, where those bulls are inferior or are suffering from disease, to refuse a licence for a bull, the progeny of which would be defective.

To think, as Deputy Hogan seems to think, that the Minister is going to refuse a licence because he has the power to do so under the Bill, and that he is going to leave the bulls less in number than are required because he refuses to grant the number of licences demanded, is not quite correct. Supposing, as Deputy Conlan has suggested, that there are only 100 bulls of this type in Limerick, and that there may be a shortage because licences are not granted, there is no possibility. I am certain, of the Minister bringing about any such shortage. I do not believe the Minister would countenance any shortage brought about in that fashion. The Deputies put too much stress on this point. I do not believe it is in the Minister's mind to refuse in any way a licence for the type of bull that Deputy Hogan refers to.

In County Kildare we are not interested in breeding for dairy purposes; we are interested mostly in stores and fat cattle. Is there anything in the Bill to prevent me getting a licence for a half-bred shorthorn of the beef type, whether for my own use or for the use of outside people?

Certainly not, provided he is up to type.

And provided he gets a licence.

Question—"That Section 3 be deleted"—put and agreed to.

Before I put the new section there is an amendment by Deputy P.K. Hogan:

In sub-section (2) of the proposed new section, line 1, to delete the words "pure bred."

Amendment put.
AN LEAS-CHEANN COMHAIRLE took the Chair.
The Committee divided: Tá, 15; Níl, 28.

  • Pádraig F. Baxter.
  • John J. Cole.
  • John Conlan.
  • Seán de Faoite.
  • Liam Mac Sioghaird.
  • John T. Nolan.
  • John Hennigan.
  • Séamus N. O Dóláin.
  • Pádraig S. O Dubhthaigh.
  • Séan O Duinnín.
  • Donchadh S. O Guaire.
  • Mícheál R. O hIfearnáin.
  • Fionán O Loingsigh.
  • Domhnall O Mocháin.
  • Pádraig K. O hOgáin (Luimneach).

Níl

  • Earnán Altún.
  • Seoirse de Bhuldh.
  • Próinsias Bulfin.
  • Louis J. D'Alton.
  • Patrick J. Egan.
  • Desmond Fitzgerald.
  • David Hall.
  • William Hewat.
  • Connor Hogan.
  • Séamus Mac Cosgair.
  • Tomás Mac Eoin.
  • Pádraig Mac Fadáin.
  • Pádraig Mac Giollagáin.
  • Risteárd Mac Liam.
  • Liam Mag Aonghusa.
  • Tomás de Nógla.
  • Mícheál O hAonghusa.
  • Ailfrid O Broin.
  • Seán O Bruadair.
  • Tomás O Conaill.
  • Liam O Daimhín.
  • Eamon O Dubhghaill.
  • Eamon S. O Dúgáin.
  • Seán O Laidhin.
  • Domhnall O Muirgheasa.
  • Pádraig O hOgáin (An Clár).
  • Pádraig O hOgáin (Gaillimh).
  • Liam Thrift.
Amendment declared lost.

I beg to move:

In Section 3, sub-section (2), after the word "cows" to insert the words "if identical pure-bred cattle."

The amendment would bring within the scope of the Bill persons who had a pure-bred bull and used that bull for the service of cows their own property, and that were not of the same breed as the bull, or were not pure-breds. I feel that is a correct and proper thing to do, for if we are to work the Bill I believe it should be done on an intelligent and scientific basis. There is nothing wrong in bringing into the scope of the Bill every bull used for service other than those used for service with pure-bred cattle. If the animal is suitable in a further part of the section, the Minister has ample power to grant the licence, but I would grant this right of exemption only in the case of a bull used for service with pure-bred cattle of identical breed.

I do not wish for the further powers the Deputy wishes to confer; they are not necessary.

I think the amendment is satisfying the requirements of the case as put up on the first Committee Stage, when a claim was made for exemption. The claim was made first, I think, by Deputy Bryan Cooper, and an instance was given of a pure-bred herd in a particular district. We were talking at that time of Chairciveen, and that area, and I think the possibility was suggested that in that area a herd of pure-bred Aberdeen Angus might exist, and a claim was made that the licence should not be refused in such a case on the ground of unsuitability of the district. The Minister then promised to bring in an amendment to cover such a case. He brought in an amendment which covered many more cases than that, and I think that the number of the exemptions from the Minister's prerogative is too great. The amendment moved by Deputy Hogan would restrict exemption in the manner it was intended when the matter was first discussed, and the Minister first promised to bring in an amendment.

If this amendment were accepted the Minister would still have power to grant a licence in a particular case, because it only says "may refuse to grant a licence." He would have still power to grant a licence to an Aberdeen Angus bull for shorthorn cows, and would in fact grant it. Therefore, in practice it will amount to very little.

That would not apply to the exception altogether.

Supposing a man wanted another pure-bred bull of another type the Minister could still allow him, and would find it hard to turn down an application for a pure-bred bull. Hence it would be necessary, and I do not think there is any necessity to introduce anything into the Bill that would allow people to read things into it. There would be still "may," which would give me a discretion.

If this section passes in its present form the Minister is not empowered to refuse a licence on the ground of unsuitability in the case of a pure-bred bull used for the service of cows the property of that person. Supposing you have a herd of Kerries not of a pure breed. If the owner of that herd is desirous to bring in a Dexter or a pure-bred Aberdeen Angus for that herd, you could not refuse permission. What is going to be the effect of that action upon the character of Kerries in Cahirciveen district? He is going to make that deterioration which the Minister said a few moments ago was undesirable to allow. You cannot refuse to licence a pure-bred bull of the Aberdeen Angus breed to go in to Cahirciveen for the use on a herd of half-breed or crossbreed cows in that area. Surely that is going to defeat the Minister's intention.

That tendency is one that will hardly ever arise in practice. A pure-bred bull costs a good deal of money, and there will be good reasons for buying it. A man will be making experiments. He will be doing it for a certain purpose, and in 999 cases out of 1,000 I would have to give a licence for a pure-bred bull for cows not of the same kind in the circumstances. There is no point in inserting that in the Bill, because in practice the contingency would never arise, and people would be reading into it interpretations that they should not.

I readily admit that a pure-bred beast mated with cattle not suitable and giving an inferior progeny is a remote contingency. Even though it is remote this inferior progeny would be put on the market eventually and act to the detriment——

There is a possibility that they might, and so would act to the detriment of the cattle trade. I see no reason why the amendment should be rejected, and I ask the Minister to reconsider his decision. It is a safeguard, and even though it may have a relatively slight importance the Minister could not tell but the practice would be followed in the future. People could get a beast and mate him with animals giving an inferior progeny.

Deputy Connor Hogan is putting forward a proposition still further to embody restrictions in this Bill. I think he is making a mistake. Underlying the whole of his argument there is a certain amount of undue importance attached to the words "pure breed." The basis of this Bill is the scrub bull. I maintain you can have a scrub pure-bred bull just as easy as you can have a scrub cross-bred. I think you will find that a great many of the farmers consider there is far too much restriction and that they are kicking against it. I think Deputy Connor Hogan is making a great mistake.

I do not agree with Deputy Connor Hogan in asking for this restriction. With reference to the cattle mentioned by Deputy Johnson, a man may put a pure-bred bull of another type with Kerry cattle, provided the progeny are cut away from and are prevented from being an injury to the breed of cattle in Kerry. If he wants them he can use them on his own herd, and can dispose of them in other ways. Take other parts of the country. Suppose you have a farmer with a herd of dairy cattle, and he wants to breed some cattle for dairying purposes and cattle for fattening purposes. With a shorthorn dairy type you might not get good milkers. He wants cattle that will come to maturity quickly.

There should be no reason why, if he buys a pure-bred Hereford, he should not be in a position to put that bull to those cattle who are not good milkers in order to have cattle for early maturity. Beef is as important as dairying, provided that it in no way injures the dairying industry. People in different parts of the country who want to breed those cattle for quick maturity may have a Hereford or a Polled Angus. Those cattle are not good milkers and can be shipped away, but to have their progeny brought into a dairy is another thing.

Deputy Connor Hogan is constantly standing for the rights of individuals, and here he is trying to get the Minister to bind the rights of individual action. I think this amendment is not practicable. I understood Deputy D'Alton to say that this would have the effect of having a pure-bred Angus bull with the ordinary breed of cows.

The Minister may use the option. He has gone beyond the Commission of Agriculture, has taken extraordinary powers, and Deputy Connor Hogan wants to give him more powers. If a man wants a calf for fattening purposes he should be allowed to get a Polled Angus bull. I know the Minister has power to let him do so. No farmer will introduce a bull that will not suit his cattle. I do not think that contingency is liable to occur and so I oppose the amendment.

I have been charged with inconsistency in this matter, but the inconsistency is only apparent and exists only in the imagination of Deputies. It is true that on the Second Reading of this Bill I spoke against it, but the principle was accepted, and the Dáil deliberately committed itself to a definite line of policy. I may be a bit extreme, for I certainly do not like half-hearted measures. I am largely a whole-hogger. I prefer to maintain the status quo, but seeing that that has gone and is past praying for, let us endeavour to make the Bill, so far as we can, a success. Let us demonstrate what it is worth, and in that respect, since we have set out and laid before ourselves a definite ideal and objective, let us go every step of the road to attain our ideal. In regard to the examination of licences, certain exemptions have been made in the case of pure-bred bulls, but I contend that exemption in the case of pure-bred bulls should only be granted when they are mated with identical breeds belonging to one man.

I resist the idea that a pure-bred bull is to be allowed, even with the cows of the owner, indiscriminate service regardless of their breed, for I believe that it will not be in the best interests of the cattle trade. I admit that it is a remote contingency, and I have already expressed that opinion, but this amendment, which is only a minor one, would have the effect of bringing the owner of this bull into the common run and making him apply for a licence in the locality in which it is proposed to bring the animal. I ask the Minister to consider that. It is true that the Minister may refuse to grant a licence, but the odds against that happening are, I think, 1000 to 1. This is a democratic country, and we have representive institutions, and if a Minister were to refuse a licence the owner could write to his T.D. and get the matter raised in the Dáil, if necessary, on the adjournment, and the Minister would have to defend his policy for refusing that licence.

Is the Deputy representing the Minister for Posts and Telegraphs?

The Minister would have to give his reason for not granting the licence. I insist on the amendment.

Amendment put and declared lost.
Question—"That the proposed new section be added to the Bill"—put and agreed to.

I move the following amendment:—

In page 3, to delete Section (4) and substitute the following section—

(1) Where the Minister is satisfied that a bull in respect of which a licence has been granted under this Act is—

(a) calculated to beget defective or inferior progeny, or

(b) affected by any contagious or infectious disease, or

(c) affected by any other disease or defect prescribed as a disease rendering a bull unsuitable for breeding purposes,

the Minister shall revoke the licence granted in respect of such bull.

(2) Except in the case of a pure-bred bull the property of one person and used exclusively for the service of cows the property of that person, the Minister may at any time suspend or revoke a licence granted by him under this Act if he is satisfied that the bull to which such licence relates is of a breed or type unsuitable for the district in which it is kept.

This is exactly the same as the previous amendment.

Amendment put and agreed to.
Question—"That the proposed new section be added to the Bill"—put and agreed to.
SECTION 8.

I move the following amendment:—In page 4, Section 8 (1), line 21, to delete the word "not." Under this section the licences are not transferable. Both the purchaser and the seller have to notify the Department of the sale and until the purchaser receives his licence he has only a conditional one. There is, therefore, uncertainty, and there cannot be any finality until he receives his licence. A farmer will not buy a bull except on the condition that if the licence is refused the bull will go back to the seller. We have, of course, been told what the intentions of the Minister are. I am not, however, dealing with the intentions of the Minister, but with what is in the Bill.

I understand the point which the Deputy is at. It would be a serious thing if purchasers or sellers got the idea that there would be considerable difficulty in effecting a transfer of licence. It would lead to a very severe interference with trade and would make a very big difference to the way in which business is done at present. It is a contingency that is not likely to arise, but if it did arise, it would have serious effects. All we are concerned with is, making it possible to administer the Bill. The Deputy would, I think, agree that it would be necessary for us to be acquainted with the transfer.

That is absolutely essential as otherwise, within a year or two, you would have at least 75 per cent. of the bulls held by people with licences, but none of which would be in their own name. You transfer your licence to a man who sells again, and in that way licences become scattered, with no one holding a licence in his own name. Further, if anything happened the bull and if that fact was not communicated to the Department, and there were a number of extra licences all over the country, it would be an impossible situation. It would be impossible if people held licences for bulls all over the country in the names of other people. It would mean that within a year of the first issue of licences there would be a terrible state of confusion and, further, you would have licences for bulls which no longer existed, so that it would be impossible to administer the Bill. We must, therefore, know when there have been transfers, and we must have an opportunity of issuing new licences in the names of the new owners.

The Deputy is afraid, because the purchaser of a bull has to wait for his licence for a week, that the idea will get abroad that the Department will intervene and not give the licence. The bull is licensed already. It is up to the standard from the point of view of confirmation, and is not diseased or defective, so that in nine hundred and ninety-nine cases out of a thousand the licence would have to pass automatically. There would be just one possible reason for not issuing a new licence, and that is unsuitability to the district. I think that the Deputy will agree that that is likely to occur only once in a thousand times. In practice, what will happen is this: the licence would be transferred automatically in view of the fact that the bull is already licensed, and is up to the standard in every way. Two months' administration of the Bill would show that the licences were automatic. Therefore, we have only one point left over, and that is to see that the Department is notified every time there is a transfer. That is necessary for the reasons given, and we propose to do that. It is with that object, and with that object only in view, that we provide that section. That is all it covers.

We will issue licences containing the name of the owner of the bull, and on the back of the form there will be a blank space, so that when a man takes a bull to a fair and sells it, he can have his licence in his pocket, and with a slip on the back containing his own name. Attached to it is another slip for the name of the purchaser. There is an envelope also attached containing the address of the Department, and when the bull is sold all that has to be done is to fill in the name of the purchaser on the vacant space. That can be done while the parties are getting the "luck," in the nearest public-house, if you like. When the particulars are filled in, the envelope containing the document is thrown into the nearest post-office, and the thing is done. After that the responsibility is with the Department. The owner gets the purchaser to sign his name, and he signs his name in the blank space, puts it into an envelope attached to the licence, and sends it back to the Department to issue a new licence. I do not see how we could do it more simply. That will be the notice by the owner and by the purchaser, because both will have signed their names on the form which we will have sent out. It means no more and no less than a simple procedure of that sort.

I am well aware that the farmers do not like clerical work, but we have reduced it to a minimum. I cannot see any other clerical operation that they can have to carry out except to sign their names and addresses in the blank space. Perhaps we might have the names of the seller and buyer on the one slip, but that would not make much difference. It is put into an envelope and sent on to the Department. After that, the responsibility is on the Department. If the Deputy can suggest any simpler form of words to cover the procedure I will accept them, but I cannot see it myself, and I think that he will have to admit the necessity for acquainting the Department, in view of the fact that we could not have licences held in other peoples' names.

How long does the Minister think it will take for this information to percolate through the farmers?

I agree that the Minister has created an exceedingly simple procedure for dealing with 99 cases out of 100——

Nine hundred and ninetynine cases out of 1,000.

I was just going to say 999 cases out of 1,000. But what is to be done in the thousandth case, where a man sells a bull and the purchaser is refused a licence because the bull is unsuitable for the area to which he proposes to take it? On whom will the onus be to see that the purchaser gets his money back? Will the transaction be nullified? I am not putting this with the idea of making a point, but I want the Minister to consider it. Does the transaction become null and void in law when the Minister refuses to transfer the licence? Does the man who sold the bull have to take it back and refund the money? The Minister might consider that with a view to making an amendment in the Seanad. Some more explicit statement is needed.

The position would be that there was a good sale. In the one case out of 10,000 where that could possibly occur, there would be a good sale. The purchaser has paid his money and the seller has received it. Farmers are not fools. It would be evident in a very short time what are the considerations that underlie the regulations which the Department make with regard to taking a bull into an unsuitable neighbourhood. If they were quite simple if people see exactly the principles underlying these regulations, farmers would know the cases in which there would be no chance that a licence would be given, and all parties would be warned.

It would occur in perhaps one case out of 1,000, once in two or three years —caveat emptor—he buys with his eyes open. By that time I am quite certain that the general principles on which the Department act in a matter of that kind would be perfectly plain, and the buyer would take it into account in buying a bull and would just chance it. It would only arise in the case of a non-pedigree bull. He buys a shorthorn to take to Cahirciveen, and for some reason he does not get a transfer. He wants a bull not only for his own cattle but for the cattle of the neighbourhood. However, if he is prevented from getting a transfer the bull is good; he has not lost £1 or five shillings, or anything like that on it.

But the Minister must realise that a forced sale always involves a certain element of loss, that if a man has bought a bull and taken it home to his place, is refused a licence and has to sell it at the first opportunity, he will lose a good deal more than five shillings.

He obviously will.

In the case of one in a thousand——

One in 10,000 we will say, to adopt a very conservative estimate—that man had better acquaint himself beforehand as to what type of bull he should get.

If he lives in a certain area, and if he has any doubt, the best thing is to get acquainted beforehand with the regulations, and unless, as some Deputy said, he is a hopeless idiot, such a case as that will not arise. These regulations that the Minister has mentioned are very simple. I believe they will not give any trouble and that they will be effective. We met and discussed this particular aspect of it, and this is the result, and I can see no simpler or more effective method. A man of ordinary intelligence can comply with the rules. There is just one small aspect of it that is not quite perfect, and that is that the purchaser for a week, or a fortnight at the limit, will have nothing to show a Civic Guard who might call that he was waiting for the confirmation of the licence. I suggest to the Minister that if a slip were attached to the licence the buyer could keep that until such time as the new licence would come back. The date of the sale could be put in by the seller, and that would be sufficient to indemnify the purchaser and would also be sufficient as something to show the Civic Guard. I can understand the case where a man says he purchased a bull at a certain fair; he could tell that to the Civic Guard and the transaction might not have been a genuine one.

If I might support Deputy Gorey's suggestion, I would suggest that the slip might be stamped in the Post Office where the envelope is posted to the Department. The man could hand the envelope over the counter and he could get his slip stamped.

I would approve of some method like that to fill up the gap.

Where that would be necessary, we could discuss it later.

Any law that disturbs the custom of trade is bad for that trade. I do not know whether the Minister took into consideration at all the custom that a very big percentage of bulls change hands twice in the season, and that the season is very short—May and June. The objection to making the permits transferable would be that the country would be flooded with licences after a couple of years. I am sure that the Department must be aware of the fact that 75 per cent. of the bulls are only used for one year, and they are then either exported to England, or castrated and fed as stores in this country. That disposes of 75 per cent. of the objection raised by the Minister to my amendment, that it would flood the country with licences. It is the custom of the country that 75 per cent. of the bulls are used only in one year, for two months. Some of them are exported to England, and the balance are castrated and used as stores here. It is not so easy to explain the position in regard to the sale of a bull. In the first place, the Minister stated that if once, in 10,000 times, a licence was refused, the value of the bull would only be lessened by five shillings. That is absurd.

I do not say five shillings, I mean I do not stick to five shillings. I leave it to yourself to say.

But take the effect that it will have on the trade of bulls. You have two methods of selling a bull under this Bill. One is to sell it at a sound price, irrespective of whether the Department will grant a licence or not for the district concerned; the other is a qualified sale: "If you do not get a permit for the bull, I will take back the bull." You disturb the whole custom of the trade, and it will not encourage the breeding of bulls.

If I might make another suggestion, I think the individual who purchases a bull and wants to bring him into a district, and is refused permission, should have ascertained beforehand whether he is entitled to bring him in or not, and any loss that there may be should be met by that individual.

But there are times when the Ministry will say that there are enough bulls of that breed going into a certain district. Deputy Gorey, before going to a fair, reads the morning paper. It would be rather hard for a man who, in the interval of time before he had an opportunity of acquainting himself with the intentions of the Ministry, should have his licence suddenly refused. If the Minister would allow a sort of period of grace of a fortnight after making such regulations it would probably meet that difficulty, and then I agree there would be no valid grounds for complaint.

There might be a possible contingency in five or ten years, where, in agreement with the organised farmers, it would be decided that there were too many bulls of a particular type in a particular district, and that it would be better not to license any more, but that is a detail which should not be decided by the Department in a moment. They would not in a moment decide to do something, and suddenly make a regulation. If that were the view of the organised farmers it would be debated in the Press and in the Consultative Council. It would be common knowledge for six months beforehand, and finally some announcement would be made, and it probably would not come into operation for three or four months. The case that the Deputy makes about a momentary decision of the Department, I suggest, could not possibly arise. I do not like to say that seventy-five per cent., or a big percentage, of the bulls are castrated or go away to England. The Deputy is quite right when he says that a large proportion of the bulls are castrated, and that others go to England each year.

That is a reason why we must keep track of them, because when they are castrated the licences are there, and we do not want to have a plethora of licences all over the country where no one will have a licence in his own name for the bull which he has. What would the effect of it be? You have, first of all, bulls castrated, and the licences are there lying useless. According to the Deputy that would occur in a great many cases. In addition you would have licences simply handed over, and everybody would have licences in other names than their own. How could the Bill be administered? Anything could be bought; one of these licences could be borrowed, and half the bulls would be held by people in connection with licences which would not be in their own names.

Are you not providing in your Bill to have a prescribed mark on the horns or hoofs?

Will there not be a date on the licence, and will it not only be for three months, and after that go out of date?

I am not going to agree to a position where we have the responsibility for the administration of this Bill, and have bulls all over the country licensed in the names of people other than the owners. What is the point of issuing a licence in the name of a man if, three months afterwards, the bull is somewhere else with the same licence, owned by some man whose name is not on the licence? I am not going to agree for a moment to that state of affairs. It is perfectly obvious that the Department, if they are to take responsibility for this, must at least know that the bull is transferred, so as to issue another licence. It is equally obvious that the Department must know when a bull is castrated, so as to prevent frauds of all kinds. We have tried to reduce the regulations to a minimum, so that there would be the minimum of clerical work. But we must insist that the Department be acquainted with the transfer of bulls, though that will put the farmer to the trouble of signing his name on the back of a slip of paper. It is necessary that we should be informed of the transfer, in order to enable us to issue a new licence and to prevent a condition of things in which, if licences were transferred automatically, you would have a bull in the name of a person who owned it, perhaps, two years ago.

Amendment put and declared lost.
SECTION 8.

I move amendment 5:

In page 4, before Section 8 (3) to insert the following new sub-section:

"(3) In any such case as is mentioned in the foregoing sub-section no offence under this Act shall be deemed to be committed by reason only of the transferee keeping or having possession of the bull during the period between his applying for a transfer of the licence and his receipt of the decision of the Minister on such application."

That amendment speaks for itself.

I want to draw the Minister's attention to what seems to me to be a defect in this provision. What is to be the proof of the receipt of the decision of the Minister?

But what is to be the proof before the transferee receives the licence? He may, before the receipt of the licence, continue to use the bull in a district which is declared to be unsuitable for that bull. Then the damage you seek to avoid may be done. You have got to prove that notice of the revocation of the licence has been conveyed to the transferee. You have got to ensure that evasion of the receipt of the decision of the Minister by the transferee, when he thinks that such decision is likely to be unfavourable, will not provide him with a free hand. I am thinking of the possible use of a bull in a district that is declared by the Minister to be unsuitable for that type. If a person desired to use a bull which he thought was not going to be licensed for that district, all he would need to do would be to avoid receipt of the Minister's decision. Then the damage would be done.

In that case—a rare case —what would happen in practice would be that an inspector would be sent down immediately on refusing transfer. He would interview the man and try and make another arrangement.

My presumption is —it may be a little bit extravagant but it is quite within the bounds of possibility—that the actual transferee has gone away to evade service. He may have gone to England, and you have no remedy except to destroy the bull.

The most effective step you could take in a matter of that kind would be to send an inspector to the owner, wherever he was—that is when you get notice that a bull has been transferred to a district where he should not be allowed to remain.

I would draw attention to another section where provision is made for notification of the owner or the person in charge of the bull. Notice of the decision of the Minister could be left on the premises of the owner. That, perhaps would fill the gap. There certainly is a gap, because the transferee must himself have received the decision of the Minister, according to the new sub-section.

Surely, there would be nothing to prevent an inspector going down and forbidding whoever was in charge of the bull allowing the bull to serve cows there.

This section gives the owner immunity, even if he uses the bull.

I will look into this point between now and the Report Stage. I think it would suffice if the owner received notice through an agent. But that is a point which I will have to look into.

Amendment put and agreed to.
SECTION 10.

I move Amendment 6:—

In page 4 to delete section 10 (1) (b), lines 62 to 64, and substitute the following paragraph:—

"(b) on or within three days after the happening of any event which would entitle any other person to obtain a transfer of the licence or permit, to return the licence or permit to the Minister, with such particulars of the transfer as may be prescribed."

The effect of that Amendment is to put upon the holder of the licence the duty of giving notice to the Ministry of the happening of any of the events mentioned in sub-section 1 (a).

Amendment put and agreed to.
SECTION 11.

I move Amendment 7.

In page 5, section 11 (1), line 10, to delete the words "examine and mark" and substitute the words "and examine and, in the prescribed cases, mark in the prescribed manner with the prescribed mark."

Amendment put and agreed to.
SECTION 13.

I move Amendment 8.

In page 6, section 13 (1), line 10, to delete all words from the word "consisting" to the end of the sub-section, and substitute the words "in each county of a number of fit and proper persons, drawn from farmers who are engaged in the dairying business in that county."

My contention is that if the dairy farmers are not associated with this measure the working of this Bill will result in failure. If the Minister does not get the co-operation of the dairy farmers, the Bill will be a failure. It would be rather sanguine to expect co-operation if they have no voice in this matter. The general idea in the country is that the Department will send down their young men to inspect the bulls, and as those men will not have any practical experience in farming, the people will not have confidence in their judgement as to the standard of the bull. They wish, and I think it is only right, that a panel of referees should be drawn for each county. The land and the aspects of the agricultural industry vary so much in each county that dairy farmers and breeders are the best judges of the type of bull that would suit that particular county. I would like to get an assurance from the Minister that the fears of the dairy farmers in this respect are groundless.

I hope the Minister, when he is appointing this panel, will appoint it from representative men in these counties. I draw the line at referees acting in a county of which they are natives. I would not at all like to be selected as a referee in my own county, and be under the obligation of giving decisions there. I would feel very much more independent if acting in Tipperary, Limerick, Waterford, or anywhere else. To appoint men in their own counties, where they know the people, would be to put them in an impossible position, and in a position which would not be a very happy one. I am stating my own feelings and the feelings of those I have come in contact with on this matter. I do not think it would be at all fair to ask men to adjudicate in their own counties.

I am sorry to differ from Deputy Hogan in this matter because, although the Minister has assured me that he has the support of the farmers' organisations, I have detected one or two differences of opinion amongst the Farmers' Party in the Dáil and, in general, I was more or less in agreement with Deputy Hogan. I do not think this is a practical amendment. My first reason for saying that is that it absolutely confines the panel from which referees are to be drawn to farmers engaged in the dairying industry. I think Deputy Hogan— very naturally perhaps—takes an exaggerated view of the importance of the dairying industry——

Evidently, Deputy Hogan admits that he exaggerates the importance of the dairying industry. But, as a matter of fact, the fat cattle trade is as important as the butter trade, and the store cattle trade is almost as important as the butter trade. If you shut out all farmers engaged in the raising of stores or in fattening cattle, what sort of panel are you going to get, say, in County Meath? I do not think that is a practical or tenable proposition. I entirely agree with Deputy Gorey, for once in a way, that it is unfair to put a man in the position of sitting in judgment on his neighbour's cattle. I was personally under the impression when I read the Bill, that in a great many cases, if not in all, these panels of reference would be composed of veterinary surgeons. In all cases where disease was alleged—where the bull was alleged to be suffering from contagious or infectious disease—surely the referees would be veterinary surgeons. I hope the amendment will serve one purpose, even though it is not carried—that it will give the Minister an opportunity of telling us how he proposes to choose those referees.

The idea of Deputy Hogan's amendment is that the referees should be drawn for each county from each county. That is a principle I could not agree with. I agree with what Deputy Gorey has said on that point. I do not think there is any necessity for the amendment, from that point of view. The same considerations arise in connection with big districts such as Limerick, Tipperary, Cork, Waterford, and other places. The same sort of referees, regardless of whether they were acting in Limerick or Cork or Waterford or Kilkenny— provided they were efficient men— would be suitable for any of the purposes for which they might be appointed under this Act.

I do not agree that for the purpose of some Limerick case a man from Tipperary would not be quite efficient, or for the purpose of some Kilkenny case a man from Limerick would not be efficient. I do not agree either that a man from Cork, or a man from any of those counties, would not, for that matter be efficient. I do not think there is any reason for assuming that. You are likely to get better referees if you are not bound to draw so many from each county. Apart from the objections mentioned, it is not fair to put a man in the invidious position of deciding between the Department of Agriculture and his neighbours. I would not like to be in that position myself, and I do not know how Deputy Hogan would feel if he were so situated. I do not think the Department would feel happy about it in any event.

Deputies are entitled to have some idea of the constitution of the panel of referees. The referees will be in a great many cases, be composed of practical farmers, first-class farmers, so far as they can be found, and at least one-half must be from the districts I have just mentioned. I do not like to be too specific, but, approximately one-half must be from the particular districts in the south that I have mentioned; that is to say, Cork, Tipperary, Limerick, Kilkenny and Waterford. They are breeding districts and that area is a very important one from the breeding point of view. In the nature of the case the greater number constituting the panel must be practical first-class farmers, and, in addition, they must be from the districts to which I have referred. I hope that will meet any fears that Deputy Hogan has in mind. I agree it is essential there must be some veterinary surgeons on that panel. I do not think the services of the veterinary surgeons will be wanted so often. Deputy Cooper is probably exaggerating.

I only stated that that was the impression I had in my own mind after reading the Bill.

I do not think the services of a veterinary surgeon will be required very often, but it will be essential, nevertheless, to have veterinary surgeons on the panel, and they will be put on. You will have first-class farmers, the greater number of whom will be drawn from the particular locality in the south that I have referred to, on that panel, in addition to some veterinary surgeons.

Will veterinary surgeons examine cattle for tuberculosis? It is rather essential to know that.

I do not think so. It is on the consultative council that they will discuss that matter.

Amendment put and negatived.

SECTION 14.

I beg to move:—

In page 6, Section 14 (2), line 38, after the word "section" to insert the words "together with the prescribed fee thereon."

It is hardly necessary to explain the necessity of that.

Amendment put and agreed to.
SECTION 15.

I beg to propose the following amendment:—

In page 7, before Section 15, to insert a new section as follows:—

The Minister shall after consultation with such bodies and persons as he may consider representative of the interests concerned establish by order an advisory council in each administrative county for the purpose of giving advice to the Minister in connection with the administration of this Act in so far as paragraph (b) sub-section (1) of Section 3 and paragraph (b) of Section 4 are concerned.

The said advisory councils shall consist of such persons as the Minister after such consultation as aforesaid shall from time to time appoint to be members thereof, each of whom shall, unless he previously dies or redesigns, retain his membership of such county advisory council for two years from the date of his appointment, but shall be eligible for renomination.

The said county advisory councils shall meet whenever summoned by the Minister and also on such other occasions as the said county advisory councils shall from time to time determine.

I would suggest to the Minister that my amendment and the amendment following it, if he so agrees, should be taken together. My amendment deals with advisory councils. I suggest that both amendments should be discussed together.

On the Committee Stage I put forward an amendment to the effect that in regard to certain paragraphs of the Bill which deal with the type or breed of bulls which are to be allowed into certain districts or counties, that an advisory council from the county should be set up to advise the Ministry as to what type or breed of bull should be allowed into that county. During that stage the Minister promised to have an advisory council for the whole of Ireland. In view of that promise, which has been carried out, I decided to withdraw my amendment; but, on making inquiries in my own and other counties, I found that the farmers are strongly of opinion that advisory councils in the county should be set up.

I believe that if the advisory council suggested by the Minister for the whole of Ireland is to be sufficiently comprehensive to deal with every area in the country, it will be too large and unwieldy. Probably its decisions will be all right, and would meet with the approval of the majority of the farmers; but there is still the possibility that those decisions may not meet with approval. I think a council composed of representative farmers in each county should be set up and consulted. All that council would have power to do would be to meet together and advise the Ministry as to what type or breed of cattle would be suitable for that particular area. It seems to me there are no people better positioned to define what cattle are required than the farmers in each county. Immense powers are taken under this Bill. As it is drafted, and as it looks like becoming an Act, it will, in my opinion, convert the whole of Ireland into a stock farm, with the Department of Agriculture as manager. If the Department can define what particular breed is to be introduced into a certain county, there is a danger that that will go too far.

It may curb the personal initiative of farmers. There are a great many farmers who do not like to be curbed too much. I think we have a good deal of confidence in the Department, and perhaps that confidence was increased recently since we got a Government of our own. Still we have a certain amount of criticism to express in regard to the methods of the Department in the past, and we have not absolute confidence that the Department now can be safely relied upon to define what particular breed of animal should be allowed into a certain county, nor can we rely upon their definition meeting with the farmers' approval. Of course the Ministry may not accept the farmers' point of view. If a definite point of view is given by farmers and if the Ministry hold a contrary opinion, you will hear about that in the Dáil. I suggest an opportunity should be given to farmers to decide for themselves; it will not be cumbersome. They will constitute a panel of good farmers in each county, and they will decide upon the breed that they think should be introduced. I am sure they will not define any cattle that the Minister would not approve of. When their decision has been arrived at, they can dissolve.

I am sorry Deputy D'Alton is not here. It will be within the recollection of the Minister and other Deputies—though not Deputy Heffernan, because he was on a committee—that when we were discussing the new Section 3, Deputy D'Alton delivered a most eloquent plea in favour of Deputy Heffernan's amendment. He assumed the Minister would be guided by the advice of area committees; that the new section was only justifiable because the Minister would be guided by the advice and counsel of area committees, and he practically gave it as his opinion that the Minister would not refuse to listen to the opinion of the whole Dáil and insert this amendment and set up area committees. I do not know if the Minister regards that pledge as binding on him. If he does, there is no more to be said; If he does not I would suggest he would not proceed any further with this amendment to-day, but he should postpone it until Tuesday, and hold, in the meantime, a party meeting to convert his own party. When a plea such as Deputy D'Alton's is put forward, it is obvious the opinion is not unanimous in the party and that there exists a strong current of opinion in favour of Deputy Heffernan's views. I suggest that the Minister should adopt that attitude.

Will the Deputy give his own opinion on the merits?

I will. Superficially, having read the amendment. I was somewhat opposed to it on one ground only, and that was it meant setting up another authority, an additional authority, in every county, side by side with the county committee of agriculture. That seems to me an obvious point to be taken against it, and one I have no doubt I anticipated the Minister in taking. When I read it a second time I saw there was nothing to prevent the Minister appointing the county committee, or such members of it as seemed useful, as an advisory committee. In that respect there would be no overlapping. They would have the authority as an advisory committee needed under this Bill, while under ordinary circumstances they would be the county committee of agriculture. Therefore, since the consultative council proposed by the Minister is only to have an advisory function and is not to have any power of appeal. I think you had better have it centralised and have local committees. It will be harder for the Minister to work 26 councils instead of one council; but all the same I think the amendment is a sound one and, having been convinced by Deputy D'Alton's reasoning, I am prepared to support it.

I wish to make one suggestion which I think will probably meet with the approval of Deputy Heffernan. It is that the Minister should put in a new sub-section to his own proposed new section specifically empowering the national consultative council to appoint committees from time to time, representative of the farming or live-stock breeding bodies in particular areas, for the purpose of taking advice as to the suitability of types or breeds of cattle in those areas. If that were done, I think it would meet with what Deputy Heffernan is seeking for in his amendment, and it would be quite in conformity with the plans in the Minister's own proposal.

With regard to Deputy Johnson's suggestion, I do not know if it is quite workable. As far as I see, these councils would have to come together at once to give advice as to what cattle would be allowed in, and there might be some delay as regards the general consultative council calling the sub-committees together. If the general council should call those sub-committees together before a certain period, I am quite willing to accept that suggestion.

The consultative council is nominated by the Minister after certain consultation, and the proposal is that that council should nominate sub-committees. That is as much as to give the nomination of the bodies really advising the Minister to somebody else outside the Department of Agriculture.

I think the Minister either did not quite catch what I said, or perhaps I did not make myself quite clear. I am suggesting that the council should be given power specifically from time to time, as questions arise, to approach and consult with local persons when a special matter arises in respect to this particular service.

Surely they have that power already. The consultative council can go to the committee of agriculture.

Possibly, but if it is stated it will satisfy Deputy Heffernan.

To put something into a section to the effect that the consultative council may set up sub-committees is a different thing from the consultative council taking an opinion from any body they wish to consult. A consultative council that may set up sub-committees for a definite purpose is one thing, and it is quite different from saying that the council or any of its members may consult existing bodies, organisations or individuals.

Through the subcommittee?

Yes. That brings us back to the case of the consultative council, that it may set up sub-committees, and they become the real advisers of the Minister. Would not that lead to all sorts of confusion? This thing of a breed or type unsuitable to a district can only arise in a very limited number of cases. It could, for instance, only arise in the Cahirciveen case, to which reference has been made before. I think that in 5 or 10 years there is the possibility of such a state of affairs arising. Only one possible or practical case has been quoted up to the present, and that is the Kerry cattle. That councils should be set up in every county to see whether that type is suitable to that county is not relevant to the question at all. We are trying to bring into districts types suitable to the districts.

I gathered from what was said from the Farmers' Benches that it was clearly understood there that our refusal could take place only in a limited number of cases, and in some cases such as refusing to let in a half-bred Aberdeen Angus or Shorthorn there would be no dispute. To set up the extraordinary type of machinery suggested to deal with cases that would arise once in a blue moon is absurd. Contingencies of the kind, if they arise, will have to be settled on very clear and general principles, that could be discussed here now, or dealt with by the consultative council. I put it that it would be absurd to set up a committee for the purposes of the section in every county. There is no reason for fixing on that particular area, except that the country is delimited in that particular way for Local Government purposes, which have nothing to do with this Bill. There is no reason why you should cut off the counties of Tipperary, Limerick or Cork. You are starting on the wrong principle if you do. You would be on a much stronger ground by getting representatives not from counties, but from separate districts, not separate for Local Government purposes but for agricultural purposes.

I propose under this Bill to set up a consultative council, and the majority of that council will be practical farmers. There will be some breeders on it, and why not? They are doing invaluable work for the country, and I only wish there were a lot more like them. On the consultative council will be representatives of those counties I have named, and there will be other representatives of separate interests, some representatives, I dare say, of the Kerry cattle trade, and so on. It is on those lines the council will be set up. You are likely to get better men on these lines. I am against taking advantage of the local government divisions. They have nothing to do with this question of setting up top-heavy councils for dealing with cases that will arise once in a blue moon.

I think the Minister has forgotten to remind the Dáil, and I have to do it, though he speaks of this case of Cahirciveen and Kerry cattle, that there is in the Bill a section, No. 19, which says that the Minister may, by Order, apply the provisions of the Act to boards and rams, and we cannot lose sight of the possibilities in that respect.

This is a live stock council.

Exactly, but when the Minister mentions this particular case of Cahirciveen and Kerry cattle, and says that is exceptional and that we need not take too much notice of it, we must remember that there will always be the need for a consultative council in respect of rams and boars, and, therefore, his illustration may not be effective.

I think there is a necessity in respect of advice on types of stock, and the suitability of that stock in particular districts, that assurance should be given to the people concerned that local interests and local views should be consulted. Whatever the Minister's intention may be, there is nothing to ensure that in this live-stock council. If such were contained in the phraseology of the Bill, there is very much more likelihood of the confidence he seeks being secured, and also co-operation following that confidence.

It is all very fine for the Minister to say there is no necessity for this council.

I said for twenty-six councils.

It is all very well for him to say that certain bulls will be forbidden to go into certain areas, but when the scheme is worked, and the area has been defined, and the bulls defined that can go into these counties, the people may be pleased, but until that happens there will be discontent, and fear. The Minister does not know the people down the country as well as we do, and he does not know that they would not repose absolute confidence in his selection of types of cattle for particular counties. Regarding the boundaries, or areas, whether Local Government or not, it is difficult to get any other boundaries. It is very difficult to define the area of Tipperary, Limerick and Cork. We consider the all-Ireland council covers too large an area and perhaps the other suggested councils may cover too small an area, but from our point of view they are the only ones available. Regarding cow-testing, the present boundaries are a success.

They may not be a success, but if they are not why do you not change the areas? The Minister takes it for granted that the proposed councils will be very unwieldy and difficult. I do not see why that should be the case, or why they should be more difficult than that county committees of agriculture. The real point is that you must satisfy the people that the right thing will be done.

I am banking on this satisfying them.

It will not satisfy them, and you will hear nothing but an outcry until it comes into force. With regard to the Minister's idea respecting breeders, they are excellent men doing excellent work for the country, but the breeder thinks only from the breeder's point of view.

Why should not a breeder go into the council? Why should there be taboo against him?

I have no objection to the breeder being on the council which will define the breed for a particular area. I cannot see what harm it will do the Minister to accept the suggestion in the amendment, and which will not cost much money. It is workable, and the Minister knows that it is, and therefore, why not try it?

I have said all I want to say on that question. I want to make it clear that this council will be a council of farmers. With regard to Deputy Johnson's point about boars and rams, take the Roscommon sheep. If we set up a council to advise on Roscommon sheep should it be a council selected from Roscommon?

If a discussion arises as to what is suitable for Roscommon I certainly say you should consult Roscommon people. There is no assurance under this section that there will be any consultation, and while I am satisfied that there will be such consultation, I believe the suspicion that is general in the country is so great that unless you put something into the Bill that suspicion will not be allayed until a good deal of damage is done.

Is there any guarantee that a Polled Angus bull will be allowed into Tipperary?

Not necessarily a pedigree bull.

All the farmers agreed that it would be ridiculous to allow in non-pedigree bulls.

I believe Deputy Cooper, in my absence, led the House to believe that I was keen on this question of a consultative committee. I presume the Minister is going to draw the consultative committee not from one area but from the different parts of the Twenty-six Counties, where you have particular breeds of cattle; for example, in Limerick and Tipperary. One representative from two counties having the same breed of cattle would be sufficient. I do not believe in an unwieldy committee. One representative from each place where the conditions are the same is sufficient.

The Committee divided: Tá, 14; Níl, 27.

  • Pádraig F. Baxter.
  • Bryan R. Cooper.
  • Séamus, Eabhróid.
  • David Hall.
  • Connor Hogan.
  • Tomás Mac Eoin.
  • Pádraig Mac Fhlannchadha.
  • Patrick McKenna.
  • Tomás O Conaill.
  • Aodh O Cúlacháin.
  • Eamon O Dubhghaill.
  • Seán O Duinnín.
  • Mícheál O hlfearnáin.
  • Patrick K. Hogan (Luimneach).

Níl

  • Earnán de Blaghd.
  • Seoirse de Bhulbh.
  • Séamus de Búrca.
  • Louis J. D'Alton.
  • Máighréad Ní Choileáin Bean
  • Uí Dhrisceóil.
  • Patrick J. Egan.
  • Desmond Fitzgerald.
  • John Hennigan.
  • Maolmhuire Mac Eochadha.
  • Pádraig Mac Fadáin.
  • Patrick McGilligan.
  • Liam Mac Sioghaird.
  • John T. Nolan.
  • Peadar O hAodha.
  • Mícheál O hAonghusa.
  • Criostóir O Broin.
  • Seán O Bruadair.
  • Séamus O Dóláin.
  • Pádraig O Dubhthaigh.
  • Eamon O Dúgáin.
  • Aindriú O Lámhin.
  • Séamus O Leadáin.
  • Fionán O Loingsigh.
  • Pádraic O Máille.
  • Pádraig O hOgáin (Gaillimh).
  • Seán O Súilleabháin.
  • Liam Thrift.
Amendment declared lost.

I move to report progress.

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