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Dáil Éireann debate -
Tuesday, 14 Dec 1965

Vol. 219 No. 6

Committee on Finance. - Diseases of Animals Bill, 1965: Report and Final Stages.

Bill recommitted in respect of amendment No. 1.

: I move amendment No. 1:

In page 9, line 12, to insert "(other than a dog or a cat affected or suspected of being affected with rabies)" after "poultry", and, in line 14, to insert after "eggs" the following: "(other than eggs of pigeons, doves, peafowl, swans or birds of the species psittaciformes)".

Rabies is unknown in this country. It can arise only from illegal importation or escape from a quarantine station. It seems unreasonable that compensation, therefore, should be compulsorily payable for a cat or dog which is smuggled and subsequently ordered to be slaughtered because of rabies. Likewise, it is unreasonable that compensation should be paid, in similar circumstances, in respect of animals found to be affected in a quarantine station or for such animals as might escape therefrom. Admittedly, there is a danger that a dog or cat might be bitten by a smuggled or escaped rabies animal but it is not unreasonable to expect that valuable dogs should be kept under proper control. The Protection of Animals Act, 1965, does, in fact, lay down specific provisions for the control of greyhounds in public. Part II of the First Schedule contains a list of domestic poultry, game and other birds to which the provisions of the Bill may be applied. While it may be reasonable that compensation should be compulsorily payable in respect of all live birds ordered to be slaughtered under the Act, there seems to be no compelling reason why compensation should be compulsorily payable for eggs of birds of no commercial significance.

Amendment agreed to.
Amendment reported and agreed to.

I move amendment No. 2:

In page 11, line 22, to insert "specified" after "any".

The section as drafted could be interpreted as implying that if the Minister makes an order which specifies any particular animal remedy, the use of that remedy, even under veterinary prescription, would be forbidden for all diseases scheduled under Class B. In order to clarify the position it is proposed that the provisions of section 21 will operate only where both the remedy and the disease are separately specified in the relevant disease control order.

Amendment agreed to.

I move amendment No. 3:

In page 17, line 41, to delete "issue such directions or" after "may", and, in line 42, to insert "directing or" after "fit".

In the course of the debate on Committee Stage, Deputy Dillon pointed out that whereas throughout the Bill the Minister proposed to act by statutory order which would be subject to examination and annulment by the Oireachtas, section 38 provided for the issue of a direction without reference to either House compelling local authorities to make specific regulations. It is proposed, in deference to the arguments of the Deputy, to provide that in relation to this section also the Minister should act by statutory order.

Amendment agreed to.

I move amendment No. 4:

In page 19, line 13, to insert, "and produce his appointment" after "entering".

On Committee Stage Deputy Dillon took strong exception to powers of arrest being granted to an inspector as proposed in subsection (1). These powers have been taken from the 1894 Act and appear both in the consolidated British Act of 1950 and in a similar Act of 1958 in Northern Ireland. On the Second Reading, Deputy Sweetman made the point that whereas a member of the police force could always be easily identified by his uniform, there was no means whereby the public could identify an inspector. Deputy Sweetman considers it would only be equitable that an inspector should be required, if requested, to produce some indication of his status. It is proposed to accept this suggestion in the amendment to subsection (5) which covers the point.

Amendment agreed to.
Bill recommitted in respect of amendments Nos. 5, 6, 7 and 8.

I move amendment No. 5:

In page 19, line 15, to insert "or bird" after "animal".

This arises because the word "bird" was inadvertently omitted in this subsection. It is proposed to remedy the defect by the amendment.

Amendment agreed to.

I move amendment No. 6:

In page 20, line 38, to insert "or bird" after "animal".

This arises because similar inadvertent omissions have taken place in sections 48 and 49.

Amendment agreed to.

I move amendment No. 7:

In page 22, line 30, to insert "or bird" after "animal".

Amendment agreed to.

I move amendment No. 8:

In page 22, line 51, to insert "birds or" after "animals or".

Amendment agreed to.
Amendments 5, 6, 7 and 8 reported and agreed to.
Bill, as amended, received for final consideration and passed.
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