I move that the Bill be now read a Second Time.
The losses sustained annually by Irish farmers through diseases and pests in their herds and flocks, whether from deaths, reductions in milk yields and condition, poor food conversion rates and so on, are almost certainly not less than £25 million. This is equivalent to £100 a year for every farmer in the country. In addition, the existence of certain animal diseases can be a barrier to international trade in livestock and livestock products.
It was in this context that the campaign for the eradication of bovine tuberculosis, which has now reached a successful conclusion, was launched 11 years ago and that last year a comprehensive programme for the eradication and control of such further diseases and conditions as brucellosis in cattle, sheep scab, warble fly infestation, liver fluke, mastitis, etc., was set forth as a major objective of veterinary policy in the Brown Book dealing with Agriculture in the Second Programme for Economic Expansion.
One of the main purposes of this Bill is to provide a suitable up-to-date statutory basis for this programme. The Diseases of Animals Act, 1894, which has been the basic enactment governing the control of animal disease in this country was an excellent measure, and by and large, it stood the test of time very well. Amendments of the Act were, however, necessary over the years and many sections have been repealed, altered, become obsolete or are inapplicable to our circumstances here. The Act is also in a number of respects rigid and inflexible and, as can be understood, does not give suitable powers for the control and treatment of diseases that were not of public concern when it became law. The Act applied also to Britain and Northern Ireland, but in both these areas, it has been repealed and replaced by consolidated legislation; in Britain by an Act of 1950 and in Northern Ireland by an Act of 1958.
Including the Diseases of Animals Act, 1894, there are at present 15 separate enactments dealing with animal health and disease. Several of these measures amend previous legislation and it is becoming increasingly difficult to ascertain readily the precise legal position when the many animal disease problems confronting my Department and the general public come to be considered. In my view, the time has come for this corpus of legislation to be consolidated in a single Act and this among other things, the Bill at present before the House seeks to do.
In consolidating the existing legislation, many of the excellent provisions of the earlier enactments have been retained as, indeed, they have also been in the consolidating legislation passed in Britain and Northern Ireland. Deputies will note that it is proposed to repeal the Diseases of Animals (Bovine Tuberculosis) Act, 1957, which was the statutory basis for the campaign for the eradication of bovine tuberculosis. All the provisions of this Act have been incorporated in the present measure which also includes certain useful provisions of the consolidated legislation in Britain and Northern Ireland.
The Bill proposes, however, to go much further than a mere consolidation of existing legislation. It is designed to provide not only for the specific diseases and conditions I mentioned earlier, whose control or eradication is the immediate objective of veterinary policy, but also, so far as can be foreseen, for future developments in the veterinary field.
The explanatory memorandum circulated to Deputies gives particulars of the new provisions and except for the more important proposals, I do not intend to go into them in very great detail. I should like, in particular, to refer to the list of animals and diseases to which the Bill applies as indicated in the First Schedule.
In the Diseases of Animals Acts applicable to this country up to 1957, specific provision for slaughter and compensation in the case of epizootic diseases was mode for each particular disease and in the 1957 Bovine Tuberculosis Act, the treatment of affected animals and the conditions under which they could be taken up under compensation were spelled out in detail in the statute. The Consolidated Acts of 1950 and 1958 in Britain and Northern Ireland, adopted the same practice. Both of these enactments contain detailed provisions dealing with the different diseases separately.
A simpler and more straightforward method is adopted in the present Bill. Parts 1 and 11 of the First Schedule contain a list of 25 different species of animals and poultry to which the Bill may be applied and Part 111 is divided into two classes, one, Class A, indicating 11 epizootic diseases to which compulsory slaughter and compensation provisions may be applied, and the other, Class B, listing four enzootic diseases, for which this method of treatment would not be suitable. Any other animal or bird or any other diseases may be added to the Schedule by Statutory Order and, indeed, any particular disease scheduled under Class A may, should the need arise, be removed from that class and scheduled under Class B and vice versa. The eradication measures set out in section 19 and the following sections, may, as in the case, for instance, of bovine tuberculosis and brucellosis, be applied to Class B diseases, but this does not mean that these measures will be automatically applied to all diseases scheduled under this class. The Second Schedule to the Bill contains very wide powers under which Orders may be made applying specific provisions to particular diseases. The eradication provisions relating to Class B diseases will be applied only if, having regard to the characteristics of the particular disease and other relevant considerations, such a course of action would be advisable. The effect of these provisions is that virtually all diseases and adverse conditions that can at present be foreseen, may be expeditiously dealt with by means of an appropriate Statutory Order.
Statutory Orders under the Act are required to be laid before each House of the Oireachtas as soon as they are made and they may be annulled if either House so wishes. Deputies will appreciate that outbreaks of animal and poultry disease may occur without prior warning and, notwithstanding the utmost vigilance, freedom from diseases and conditions hitherto unknown cannot be guaranteed. It is, therefore, essential that machinery should be at all times available to provide adequate powers to deal with any such emergency with the least possible delay. This is the main reason why, throughout the Bill, as indeed in the 1894 Act also it is proposed to take power to prescribe by Statutory Order for conditions that members of the House might otherwise consider could more appropriately be covered by legislation.
Because of the necessity to provide for a wide variety of animals and birds and for several diseases, it seems to me advisable that the compensation provisions, both for animals slaughtered and animals taken possession of by the Minister, should be covered by Statutory Order and not, as hitherto, by express provision of the statute. Deputies will note, however, that, whereas under the Acts of 1894 and 1957 the Minister was empowered to withhold compensation either in whole or in part when in his judgment the person concerned was guilty of an offence under the Act, or did not take adequate precautions to prevent the spread of disease, section 58 provides that, while a person may be disentitled to compensation where he is convicted of an offence under the Act and payment of compensation may be deferred if a prosecution is pending, where these circumstances do not obtain the amount of compensation may be settled by agreement between the claimaint and the Minister and, in the event of failure to agree, the dispute may be referred to arbitration.
The Second Schedule to the Bill contains a number of important extensions of the Minister's general powers to make Orders for the prevention or checking of animal or poultry disease. The Schedule repeats the corresponding provisions of section 22 of the 1894 Act and certain powers included in the 1957 Bovine Tuberculosis Act. When this Bill becomes law, these powers may, as appropriate, be extended to all animals and poultry and to all diseases. It is proposed also to take additional powers for several other purposes. It may, for instance, be necessary or advisable in the future to make the use of a particular remedy for a disease compulsory—the treatment of cattle for warbles comes to mind in this context—and power is being sought accordingly; with a view to the possible future introduction of a scheme to control liver fluke, it is proposed that the treatment of land, ponds, streams and watercourses may be compulsorily regulated and, with brucellosis in mind, it is proposed to seek power to control the taking of samples, the making of tests and the application of any treatment and the use of sera and vaccines. I think I should make it clear at this stage that with the exception of the measures necessary for the operation of a scheme to eradicate brucellosis, no concrete proposals of the kind I have just mentioned have as yet been formulated. The powers in question are included in the Bill to meet possible future contingencies.
The revised controls on the importation of animals and birds appearing in section 30 simplify the procedures laid down in the 1894 Act and the legal position regarding importation under licence is being clarified. Provision is made in section 33 for the appropriate treatment of animals, birds and other things illegally imported and in sections 29 and 30 the provisions of the 1894 Act in relation to ships and ports are extended to aircraft and aerodromes.
An important recent development is the establishment of our own quarantine station at Spike Island which enables us to import high class breeding stock in pursuance of our programme of live stock improvement. Provision for the exercise of control over the quarantine arrangements is contained in section 31.
I have thought it advisable to make a relatively minor alteration in the provisions relating to penalties for offences. The present penalty of a fine not exceeding £100 is being retained, but for the more serious offences set out in section 49, it is proposed that the court may at its discretion impose as an alternative a sentence of imprisonment not exceeding two months. The offences set out in section 48 will also be punishable by fine not exceeding £100, unless the offence is repeated within 12 months, when a term of imprisonment not exceeding one month may be imposed in lieu of the fine. The 1894 Act also provided for a prison sentence as an alternative to a fine in certain cases, but this was repealed in an amending Act of 1945.
The powers and functions of local authorities as indicated in sections 36 to 41 correspond with the existing provisions of the 1894 Act, except that the powers and functions of these bodies and their officers may be curtailed to such extent as may be specified in the disease control order concerned.
Included in Part IV of the Bill are two items which I regard as being of special importance. The first of these, section 54, deals with the dehorning of cattle and will enable us to bring in controls at the same time as similar controls are imposed in Northern Ireland. Agreement in principle has already been reached with the Northern authorities in this matter. Adequate notice of the introduction of these controls will be given to producers. The second item to which I refer, section 55, is intended to enable a distinctive colouring agent to be incorporated in sheep dips. This should be read in the context of the current campaign for the eradication of sheep scab. The certification of sheep dippings has always been somewhat of a problem and the incorporation of a suitable dye, which is at present being developed by the staff of my Department's Veterinary Research Laboratory, would enable dipped sheep to be easily distinguished from undipped animals. To proceed with this proposal, it is necessary to remove from the Clean Wool Act, 1947, a provision which prohibits the incorporation of colouring matter in sheep dips. The experiments being carried out on the development of a dye for incorporation in sheep dips have reached a promising stage, but I can assure Deputies that its inclusion in dips will not be permitted if there is any danger that the quality or market price of wool might thereby be adversely affected.
I am satisfied, a Cheann Comhairle, that the measure before the House is essential to the successful implementation of the important veterinary programme at present under way in my Department. It will contribute substantially towards our objective of achieving the highest possible standards in the health and wellbeing of our livestock, with all the immense benefits that will undoubtedly ensue not only to our farmers but also to the economy as a whole.
I commend the Bill to the House.