asked the Minister for Justice whether he will expedite a review of the law governing wandering animals.
Ceisteanna—Questions. Oral Answers. - Wandering Animals.
14.
I understand that the Law Reform Commission, which has already published a working paper on Civil Liability for Animals, is currently engaged in the preparation of final recommendations and hopes to produce shortly a draft Bill for the reform of the law in this area.
Until such time as the commission's recommendations and draft Bill have been examined I will not be in a position to make any decisions in the matter.
Prosecutions against persons in respect of animals found wandering on the roads are usually brought under the Road Traffic Act, 1961, section 98, nowadays. The Minister for the Environment is responsible for that legislation.
Would the Minister not agree that in a fairly small but significant number of areas this problem reaches almost epidemic proportions owing to the presence of wandering animals? Would he do what he can to expedite the work of the commission? Could he give any undertaking as to when he will bring such a Bill before the Dáil?
If I get the heads of the Bill, as I said in my reply, I would hope to have it in the House in a couple of weeks.
Is it a fact that since the working paper was produced about two years ago the Government have not given any consideration to the matter or formed any view up to now on what direction the change in the law will take?
I think the Deputy misreads the situation. He should know that this matter was referred to the Law Reform Commission and they were asked to produce a Bill. When they produced the working paper they asked for comments on it——
What was the date of the working paper?
It was published I think in April 1978. As soon as I get it from the Law Reform Commission I shall bring it here.
The real point I am making is that the Minister says that as soon as the final document and the heads of a Bill come to him he will take action within two weeks. What puzzles me is that the Government——
A question, please Deputy.
Is it correct that the Minister has no idea as to what direction the change in the law will take? Is he totally referring any policy decision in the matter until the last moment until possibly he will be out of office?
The Deputy should know that the working paper to which I refer specifically states that it does not represent the commission's final view on the subject.
Has the Minister any views on the subject?
A final supplementary from Deputy Fitzpatrick.
(Cavan-Monaghan): Perhaps the Minister has given the information I wanted. I understood him to say that he was awaiting a draft Bill from the commission. Do I understand that the Law Reform Commission produces draft Bills without being asked or are they producing this one in reply to a request?
Without any idea of what to put into it?
The draft Bill will be available to me, I am told, very shortly and when I get it, I shall bring it before the House.
(Cavan-Monaghan): Am I right in thinking that the terms of reference of the Law Reform Commission hardly go that far and that their business is to advise the Government of the day on what reforms are necessary or desirable.
I think that question is completely outside the answer.
Ceist 15 has gone for written reply.
Could I ask the Minister——
No. Ceist 16.
I wanted to ask the Minister how the Law Reform Commission could draft a Bill——
I am sorry, Deputy. Would the Minister please answer Ceist 16.