Vol. 548 No. 4
2 Mr. Penrose asked the Minister for Agriculture, Food and Rural Development when he will take steps to review the operation of the 30 day restriction rule in relation to the sale or movement of stock; the reasons the restrictions are remaining in place; and if he will make a statement on the matter. [4974/02]
3 Mr. Connaughton asked the Minister for Agriculture, Food and Rural Development the reason the 30 day rule, originally intended to remain in force until 1 November 2001, is still applied to livestock dealers and agents; and if he will make a statement on the matter. [4917/02]
I propose to take Questions Nos. 2 and 3 together.
The 30 day holding period for purchases of susceptible animals, which was introduced initially in the context of the foot and mouth emergency, is intended to reduce animal movement in order to limit the risk of the spread of disease. The measure applies to all parties engaged in the movement of animals, not simply to livestock dealers and agents. It has been reviewed on several occasions, most recently in late January 2002. In announcing my decision to retain it until 28 February 2002, I also indicated that it will be reviewed again before the end of this month.
In so far as dealing operations are concerned, a number of exemptions to the 30 day rule are available to assist registered dealers and agents in the conduct of their business. These exemptions were extended at the beginning of this month and, subject to certain conditions, allow dealers and agents to purchase cattle from marts and sell them privately within 30 days and purchase cattle privately and sell them onwards at a mart or privately within the 30 days. Other exemptions apply in respect of animals moved to slaughter plants, including slaughter plants in Northern Ireland, cattle moved for export from approved export assembly centres – some 14 premises in all – and the exemption exists for cattle moved through 19 premises used by live exporters to marshal cattle and test them prior to export.
I am satisfied the 30 day rule, as applied at present, is a sensible precautionary measure in the context of limiting the spread of disease and that the exemptions in place are sufficient to facilitate dealers, agents and exporters in their ongoing business. A 30 day retention requirement also applies in Northern Ireland with minimum exemptions.
We all accept the reason the requirement was introduced and wholeheartedly support it although some of the more extreme measures that were being contemplated have been modified. However, our fears appear to be well-founded. In terms of the emergency nature of this legislation, which was introduced in this House by way of the Diseases of Animals (Amendment) Act, 2001, is it the intention, not of the Minister but of the Department, to ensure that this will be on the Statute Book sine die, never to be reviewed by anybody? If this is the case, a commitment to myself and Deputy Dukes, which we sought very vigorously, that this would be reintroduced to this House in the form of a consolidation of the Diseases of Animals Acts of 1966 and 2001 has not been honoured. It appears that it will not occur. Am I correct in thinking this? Why can some of the excesses of this legislation not be removed? Like much emergency legislation in this country, it will be on the Statute Book forever and a day. Is there any timetable at all contemplated for the removal of the 30 day rule, which applies to livestock dealers and agents? Those are the people upon which it impacts most critically. Has the Minister any intention of removing or modifying this legislation which is impeding trade?
I acknowledge that I gave a commitment to the House, particularly to Deputies Dukes and Penrose, that I would consolidate and update the 1966 legislation. I put that in train immediately. As Deputy Penrose will know from his background, the legal process works relatively slowly. I inquired when I would be able to bring this measure before the House and was informed that, if we were lucky, we would be able to have it here before the summer. I hope that will happen and I will keep up the pressure in that regard. That will allow us, once and for all—
Before 9 May?
That is the worrying part.
I will do my very best. In the meantime, we will have to roll over the existing legislation. With regard to the 30 day rule, there are generous exemptions which, on a precautionary basis, allow trade to continue, allow people to deal in cattle and allow farmers to acquire and gain access to cattle. It is a very sensible approach at this stage.
I disagree very strongly with what the Minister just said. I want to clarify something which Deputy Penrose put to the Minister very directly. At a meeting of the Oireachtas Committee on Agriculture, Food and the Marine last week, the Minister gave an undertaking to Deputy Dukes that the consolidated legislation would be introduced within a few months, if I recall correctly. This is hugely important.
The Minister is missing the point. I speak for everybody on all sides of the House in saying that we do not want to return to the day when cattle could be sold at one mart on a Monday and brought to another on a Tuesday on the carousel system. Nobody is asking for that. Had the Minister attended the huge meeting in Tullamore last Sunday night, he would have noticed that not only all the livestock dealers and agents were there but also the mart managers. The big problem they have is that there is such a restriction on the live trade. To them, and to me, it seems there is a section within the Department which genuinely believes that the quicker we get rid of the live trade, the better for everybody. The only way the Minister can prove otherwise is by providing some mechanism to allow cattle to be sold more than once, but not too often, within the 30 days. In fact, one of the proposals at the meeting – with which most mart managers agree – was that the imposition of a limit of two sales or outings within the 30 days would get over the problem. The Department should be able to accede to this.
The Minister will have to show in a very transparent way on the ground that farmers doing their normal business are not agents if they get another farmer to conduct business for them at a livestock mart. That is important. The Minister might say that was not the intention but, at the level of the DVOs, that is the way it appears to be put. If the Minister does not address this problem, Irish livestock marts will close.
As I said, I hope to consolidate the legislation in the next few months, before the summer or sooner if possible. We will proceed as quickly as we can.
With regard to the live trade and exports generally, there is an exemption for people who want to procure cattle for the live trade. There is no impediment whatsoever to live trade. I do not know of anybody in my position who has done as much for the live trade as I have, starting with the provision of the Purbeck. To date, there are 19 ferries available for live trade exports.
Finishing with Egypt.
The main live trade, apart from Egypt, is in continental Europe. For younger and store cattle, our prices compare with them on a quality basis. That is probably one of the first times ever younger and store cattle are making a very good price. There is no impediment to the trade and the ferries are there.
I understand the position of farmers very well. There is no difficulty whatsoever in somebody who is not able to be at a mart or some person living on his own getting somebody to bid on a few cattle for him a couple of times per year. If necessary, I will clarify that in writing for people. I have certainly asked the people in the veterinary section of the Department to communicate with the DVOs to that effect. We are coming out of a period in which we had the threat of foot and mouth disease, but we also have a problem with brucellosis and contagious diseases. The Deputy mentioned the creation of carousels in terms of re-presenting cattle. To reduce the number of occasions where cattle come into contact with each other is a prudent approach and is the one I am pursuing.
What grants to upgrade existing premises will be available to dealers and exporters if the legislation is not altered for some months? I am worried it will take longer than the Minister alleges. Will grants be made available which are separate from the normal farming enterprise grants? Will registered dealers be allowed to sell their stock which, as Deputy Connaughton knows, were traditionally sold from lorries, marts and fairs? Will they be allowed to sell even in a curtailed way, for example will it be permissible to have two movements in the 30 day period in towns as Deputy Connaughton suggested? As I interpreted the discussion in this Chamber last year, such curtailed practices would be allowed.
Will equal and fair compensation be given to registered dealers or exporters affected under existing de-stocking due to TB, brucellosis and BSE? Will different provisions be applicable to different sectors of the same industry?
Will the Minister give an undertaking that farmers who will be buying at odd intervals for other farmers will not be asked by a departmental official to present the deeds of their holdings or other documentation to prove they are farmers? Will he ensure that such a regime will not be introduced in the mart system?
First, there will not be such a huge incidence of people buying for other people a few times during the year because the farmers in question, for whatever reason, cannot go to the mart themselves to bid. In terms of an animal travelling directly from one holding to another, there will not be any difficulty. The difficulty arises in respect of regular trading and trafficking in cattle. As everybody knows, Irish livestock is trafficked more than that in any other country of which we know.
Will the Minister consider reviewing the position regarding two movements in 30 days?
Deputy Penrose raised that issue also. I recently met a delegation of livestock dealers led by its chairman, Mr. Foley. Up to a couple of weeks ago, they could not re-present animals at a mart and they also had to clean out the premises after six days. I increased the six days to 14 days to give them a better chance to get a load of cattle and I said that if someone bought from a farm, he or she would be allowed to present animals at a mart. This should allow reasonable flexibility. The response from the people in the livestock business indicated that this would be very helpful to them.
There is significant interaction between Scotland, Northern Ireland and the Republic. In the North, there was a complete standstill if animals were bought into a farm. Following discussions between experts North and South, in the North, only the animals that are bought in are restricted for 30 days and the herd is not put at a complete standstill. In Scotland, they are kept at a standstill for 30 days while it is 20 days in England and Wales. They have minimal exemptions, whereas we give many exemptions. We want to improve the traceability in case there is a further outbreak and to reduce the trafficking in relevant animals. It is a relatively prudent approach to the business.
