I welcome the Minister, Deputy McConalogue.
Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Bill 2023: From the Seanad
The Dáil went into Committee to consider amendments from the Seanad.
Seanad amendment No. 1:
Section 2: In page 8, between lines 2 and 3, to insert the following:
“(3) The Animal Health and Welfare (Animal Remedies Veterinary Practice and Veterinary Medicine) Regulations 2017 (S. I. No. 558 of 2017) are revoked.”.
Seanad amendment agreed to.
Amendments Nos. 2 to 4, inclusive, 6 and 8 to 15, inclusive, are related and will be discussed together. Will the Minister address this cluster of amendments please?
Seanad amendment No. 2:
Section 4: In page 8, to delete lines 21 to 24 and substitute the following:
“ “companion animal” means—
(a) a dog or cat kept for domestic purposes only,
(b) a rabbit not kept for human consumption, small rodent, cage bird or homing pigeon kept for domestic purposes, or
(c) a terrarium animal or an aquarium fish kept for domestic purposes;”
These amendments have come back from the Seanad following further engagement on the Bill.
Amendment No. 2 is necessary to alter the definition of "companion animals" to set out that the animals concerned are to be kept for domestic purposes only. By way of an example, this is to ensure that when this Bill applies to companion animals, we are not putting dogs used in racing in breeding, or animals kept in a zoo, into that same category.
Amendment No. 3 is necessary to allow the Minister to make regulations in respect of a specific category of animals, such as companion animals, as well as animals generally.
The purpose of amendment No. 4 is to add clarity to this subsection.
Amendment No. 6 is necessary to clarify that this subsection refers to a pharmacist operating from a retail pharmacy business.
Amendments Nos. 8 and 9 are necessary to align and dovetail subsections 5(b) and 6(c) regarding registration on the databases, as they are ambiguous as they presently stand. These amendments will bring clarity to the wording of the subsection.
Amendment No. 10 is necessary to provide additional clarity for people not familiar with legislation on veterinary medicine, such as users of companion animal medicines.
Amendment No. 11 is necessary to clarify that the products that may be permitted under Article 110, use of immunological veterinary medicinal products, or Article 116, use of veterinary medicinal products not authorised in a member state, and the marketing of such products, is authorised in another member state when animal or public health concerns so require derogation.
Amendment No. 12 relates to a grammatical issue and amendment No. 13 is a technical amendment.
Amendment No. 14 is necessary to set out the sections under which a fixed payment notice may issue.
Amendment No. 15 is necessary to remove unnecessary wording without changing the function of the title.
I take it that the companion animals are human companion animals and not companions of each other.
I think so.
Right. Good.
Seanad amendment agreed to.
Seanad amendment No. 3:
Section 6: In page 10, line 7, after “animal” to insert “or a class of animal”.
Seanad amendment agreed to.
Seanad amendment No. 4:
Section 6: In page 10, lines 14 and 15, to delete “specifying a category or categories of product” and substitute “specifying a category of product or a category of product listed on the national database”.
Seanad amendment agreed to.
Amendments Nos. 5 and 7 are related and will be discussed together.
Seanad amendment No. 5:
Section 6: In page 10, between lines 17 and 18, to insert the following:
“(e) dispensing of a veterinary medicinal product prescribed for an animal to which the European Union (Protection of Animals used for Scientific Purposes) Regulations 2012 (S. I. No. 543 of 2012) applies by a veterinarian where the prescription for the product has been prescribed by another veterinarian;”.
Amendment No. 5 is necessary to allow me to make regulations for dispensing of veterinary medicinal products in a research environment. Amendment No. 7 is necessary as the matter is deemed substantive. This provision continues the current practice of allowing a veterinarian not to provide a veterinary prescription for a companion animal if the owner of the animal agrees. The owner of such an animal may, of course, request a prescription and a prescription must be issued in such circumstances.
Seanad amendment agreed to.
Seanad amendment No. 6:
Section 6: In page 10, line 27, to delete “by” and substitute “by a pharmacist from”.
Seanad amendment agreed to.
Seanad amendment No. 7:
Section 6: In page 10, between lines 35 and 36, to insert the following:
“(3) (a) Subject to regulations made by the Minister under paragraph (c), a veterinarian need not write a veterinary prescription in respect of a medicinal product prescribed or dispensed for, or administered to, a companion animal, if he or she offers a veterinary prescription to the owner or person in charge of the animal at the time and the offer is declined.
(b) For the purposes of paragraph (a), the person in charge of a veterinary premises (within the meaning of section 105 of the Act of 2005) shall display, prominently, at the premises, signage which makes clear that a client is entitled to receive a veterinary prescription in respect of a prescription issued in respect of an animal under the care or control of the client.
(c) The Minister may by regulations make requirements or provide exemptions for the purposes of paragraph (a).
(d) A veterinarian who fails to comply with paragraph (a) or regulations made under paragraph (c) or a person who fails to display signage in accordance with paragraph (b) commits an offence and is liable on summary conviction to a class A fine.”.
Seanad amendment agreed to.
Seanad amendment No. 8:
Section 7: In page 11, to delete lines 31 and 32 and substitute the following:
“(b) may be accessed and used by the Minister and, subject to being required to be registered on it in accordance with regulations made under subsection (6) for the purpose of paragraph (e), the following persons:”.
Seanad amendment agreed to.
Seanad amendment No. 9:
Section 7: In page 12, to delete lines 19 and 20 and substitute the following:
“(e) providing for the registration on the national database of a person referred to in subparagraph (i), (ii), (iii) or (iv) of paragraph (b) of subsection (5) to access and use it, and”.
Seanad amendment agreed to.
Seanad amendment No. 10:
Section 21: In page 21, line 7, after “products” to insert “for companion animals”.
Seanad amendment agreed to.
Seanad amendment No. 11:
Section 25: In page 24, line 36, to delete “medicinal product for the purposes of Article 110, 111, 112, 113, 114 or 116” and substitute the following:
“veterinary medicinal product for the purposes of Article 110 or 116, or a medicinal product for the purposes of Article 111, 112, 113 or 114,”.
Seanad amendment agreed to.
Seanad amendment No. 12:
Section 32: In page 29, line 16, to delete “products,” and substitute “products, or”.
Seanad amendment agreed to.
Seanad amendment No. 13:
Section 32: In page 29, to delete lines 34 to 39, and in page 30, to delete line 1 and substitute the following:
“(3) A person who contravenes or fails to comply with a provision of a regulation made under—
(a) this section (other than under subsection (1)(h), (j) or (k) or subsection (2)(d)) commits an offence and is liable on summary conviction to a class A fine, or
(b) subsection (1)(h), (j) or (k) or subsection (2)(d) commits an offence and is liable—
(i) on summary conviction, to a class A fine, or
(ii) on conviction on indictment, to a fine not exceeding €100,000.”.
Seanad amendment agreed to.
Seanad amendment No. 14:
Section 55: In page 46, lines 3 and 4, to delete “this Part which may only be prosecuted summarily” and substitute the following:
“section 6(2) or (3)(d)*, 7(8), 8(3), 13(3), 14(2), 16(2), 17(3), 18(5)(b), 19(2), 21(5) (b), 22(2), 26(2)(a), 28(4), 29(2), 30(3) or 32(3)(a)".
Seanad amendment agreed to.
Seanad amendment No. 15:
Section 61: In page 53, line 17, to delete “of fertiliser products undertaken by the person”.
Seanad amendment agreed to.
That is a great lot of agreement. I thank all the Members very much.
Seanad amendments reported.
Agreement to the Seanad amendments is reported to the House and a message will be sent to Seanad Éireann acquainting it accordingly.
It was a pleasure doing business with the Minister and Deputies.