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Dáil Éireann debate -
Thursday, 29 Mar 2001

Vol. 533 No. 5

Other Questions. - Diseases of Animals Legislation.

Eamon Gilmore

Question:

9 Mr. Gilmore asked the Minister for Agriculture, Food and Rural Development if there was any outcome from the meeting between his Department officials and representatives of cattle dealers with regard to the new disease of animals legislation; and if he will make a statement on the matter. [9293/01]

The foot and mouth disease crisis highlighted the need for extensive new powers to control the movement of animals into the State. Accordingly, the Diseases of Animals Act, 1966, has been amended to provide extensive new powers to authorised persons in my Department to police the movement of animals to prevent the spread of disease as well as powers to restrict animal movement. There is also provision for the imposition of very stiff penalties and-or terms of imprisonment and forfeiture of property where any individual is convicted of an offence under the legislation.

This legislation also gives my Department the powers to register and approve dealers and to regulate their activities. The Diseases of Animals Acts, 1966 to 2001 (Approval and Registration of Dealers and Dealers' Premises) Order, 2001 (S.I. No. 79 of 2001), has been signed. This regulation provides for the registration and approval of all persons dealing in cattle, sheep, pigs and poultry, and their premises, and makes it illegal for a dealer to operate without such approval and registration. It also regulates the operation of dealers and lays down their obligations and responsibilities as regards the keeping of records, the provision of information relating to their operations and the standard of premises. The regulation provides for the revocation or suspension of approval and registration of a dealer and also for refusal to approve or register a dealer. It makes it illegal for any person to buy from or sell to a dealer animals or poultry unless the dealer is approved and registered.

The details of the new regulations were dis cussed at a meeting between Department officials and representatives of cattle dealers on 23 March last. The meeting provided the opportunity for a useful exchange of views between both parties. The Department provided clarification concerning the new obligations of dealers following the recent amendment of the Diseases of Animals Act, 1966, and the coming into force of S.I. No. 79 of 2001 on the approval and registration of dealers and dealers' premises. The criteria for approval of dealers and dealers' premises were outlined as were the proposed mechanics for the registration and approval system. The representatives of dealers generally welcomed the new regulations and it was agreed to hold further meetings over the coming weeks as necessary to review and clarify the regulations under the Act.

Does the Minister agree that there is a misapprehension among the dealers' representatives as to the true intent of the Act and how it impinges upon them? What movement exemptions will be allowed under the new permit system? I understood that the Minister gave Deputy Dukes and me a commitment that S.I. No. 79 of 2001, which deals with the restriction of movements, would be brought before the House so we would have an input into the detail which is extremely important as regards the operation of the Act. Is the instrument a fait accompli in that it will be laid before the Houses of the Oireachtas and will become law after 21 days? I thought we would have an opportunity to make an input.

Section 3 of the Act will ensure that dealers and their premises are registered and approved and that they comply with strict conditions. Stiff penalties are provided for where people do not observe the provisions.

I have a copy of the statutory instrument which has been signed and is in effect. The record of the House will show that we agreed that the amendment to the legislation would apply for the remainder of the year and that, towards the end of the year, we would bring the entire legislation before the House. This will give all Members an opportunity to debate and, if necessary, amend the legislation with the benefit of experience of how it is operating.

Deputies Penrose and Dukes strongly urged that it is preferable that statutory instruments are debated in the House rather than being signed and placed in the Oireachtas Library. This facility was used on this occasion because of the difficulties posed by the foot and mouth disease and the pressure of time. However, I reiterate my commitment that we will discuss the legislation before the end of the year at which time statutory instruments will go through the full process of debate in the House before being signed into law.

Four Deputies are offering and there is less than one minute left. I ask the Deputies to be brief.

The overwhelming majority of the farming community welcomes the legislation passed by the House two weeks ago which they wish to see implemented in full. As regards the necessary restrictions on the movement of animals, will the Minister's advisory committee keep under review the possibility of farmers being allowed to sell suck calves? In a dairy area such as my constituency the sale of calves has always been an important source of income in the early part of the year, particularly for small farmers such as those I represent. Many farmers are experiencing difficulties due to the lack of fodder and feed. Will the Minister instruct the committee and his advisers to keep this restriction under review?

I am disappointed that the order has not come before the House as promised. The devil is in the detail and people are concerned. We support the implementation of the order, provided it is properly used. Is there a timescale within which dealers have to bring their premises up to the standards outlined in the order? I support Deputy Brendan Smith's request regarding the direct sale of calves and young cattle from farm to farm.

I welcome this legislation which genuine dealers need not fear. My primary concern is the movement of store cattle from farm to farm. Cattle are moved from Deputy Connaughton's and Deputy Penrose's areas to my area every spring. Could we arrange for cattle to be moved from farm to farm, even if they have to be isolated for a period?

What regulations does the Minister propose to put in place concerning dealers who operate from outside the State? Will he seek a meeting with his counterpart in Northern Ireland to ensure the same regulations apply? No one should be allowed to deal in the South other than those who have dealer or herd numbers. This is particularly so given that the current problem was exported to us by unscrupulous dealers in Northern Ireland.

The difficulties regarding suck or drop calves and the sale of store cattle are becoming fairly acute. I will put that matter before the expert group. As a cautionary note, animal-to-animal movements constitute the highest risk activity for the spread of the disease. The economy must continue, however, and the expert group is undertaking an economic risk analysis of various activities, including AI services, as I mentioned earlier. If we want calves next year that will have to be restored, but one can imagine the risk involved where people are handling cattle and going on to other farms – it is lethal if one does not have strict regulations concerning disinfection and hygiene facilities.

As regards a statutory instrument, the record shows that I gave a commitment to review the legislation before the end of the year. That is the way it will be done and nothing else was promised in any shape or form. There will be two months for dealers to upgrade their premises. When they are approved and have their herd numbers there will be no difficulty for them. Deputy Johnny Brady inquired about young cattle and the same thing applies to them. Hardship is being caused and I will put the matter before the expert group. I will be guided by the scientific advice available to me.

Deputy Ellis raised the question of dealers outside the jurisdiction. First and foremost, the source of foot and mouth infection was the Far East. It came into Britain through swill which was fed to pigs, but which had not been treated adequately, and from there on the disease spread through Britain. A consignment of sheep came from Britain to the North of Ireland for slaughtering, although they did not go for slaughter. Some of them were held in a premises in Meigh for a relatively short time. That particular dealer illegally transferred some of those sheep to premises in the Republic. We are extremely fortunate that we have been able to follow leads, even though it took a considerable time to cull those sheep that came into this jurisdiction. It is critically important to insist on the same high level of premises and approval for dealers outside the jurisdiction as applies here.

The real tragedy for people in other countries, including France, for example, is that the loop went from Britain to the North of Ireland, the Republic of Ireland and onto France. Another dealer with a premises at Mayenne created infection in France and calves from Ireland went from there to the Netherlands which now has ten cases of foot and mouth disease. There is extreme concern in Italy because livestock from the same premises in Mayenne were brought there.

It is imperative for high standards to apply to dealers' premises through which large numbers of livestock pass. As a result of the foot and mouth crisis we have learned much more about the amount of traffic in livestock and the distances livestock travel, including overnight stops and holding in premises. In such cases, the very highest level of hygiene and layerage must apply so that transmission of the disease cannot be facilitated by carelessness and lack of proper standards.

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