I thank the joint committee for facilitating this discussion. I am here to seek its agreement to the adoption by both Houses of a resolution for the continuation in force of section 17A of the Diseases of Animals Act 1966, as inserted by section 2 of the Diseases of Animals (Amendment) Act 2001, which provided that the provision would remain in force for 12 months from the date of its passing. Section 2 of the Act also provides for the continuation, by resolution of both Houses of the Oireachtas, of this provision for such further period as is expressed in the resolution. Since 2002, the provision has been extended annually. The motion relates to securing the agreement of both Houses to a further 12 months extension.
Members will recall that it was against the background of the foot and mouth disease outbreak of 2001 that the Diseases of Animals Act 1966 was amended by the Diseases of Animals (Amendment) Act 2001, which added a number of measures to the principal Act, including the section 17A provision. Section 17A provides for the appointment by the Minister of a range of persons or classes to be "authorised officers" and confers on them powers to be exercised in cases of reasonable suspicion that an animal disease is or may be present or that an offence is being or may be committed under the 1966 Act or EU rules. It is important to appreciate that the section is not confined exclusively to foot and mouth disease but is applicable to the range of other diseases covered by the Act, including, significantly at this time, EIA, avian influenza and, potentially, bluetongue.
Ireland confirmed its first cases of EIA on 15 June 2006, following the death of a horse at an equine hospital in County Meath. A total of 28 cases have been confirmed, the most recent on 10 December 2006. In the period since last September, during which three cases were confirmed, the interval between any two cases has been over 20 days; almost 80 days have elapsed since the most recent case. The increasing interval between cases, at a time of significant blood sampling and testing, gives us confidence that this outbreak has been contained. The efficient way my Department dealt with the outbreak was due in no small part to the powers afforded to veterinary inspectors under the Act. While my Department's priority in terms of EIA has been speedy and complete eradication, the powers of section 17A have also been invoked in the conduct of an investigation into the outbreak. In this regard, I refer, in particular, to the provisions under subsection (8) to produce documents and give information to an authorised officer upon request.
Avian influenza was in the news again earlier this month as a result of an outbreak of the H5N1 strain in a commercial poultry plant in Suffolk, England. The emergence of this disease in our neighbouring EU member state follows a period of relative stability in Europe when there were no cases or outbreaks from August last until the single outbreak in a commercial geese flock in Hungary in late January. Members will recall that there were cases or outbreaks of avian influenza in 14 of the then member states in 2006. My Department maintains a consistent approach to the threat posed by avian influenza, introducing a series of precautionary measures, including the formation of an expert advisory group, ongoing surveillance and the establishment of a poultry register. I also adopted four new regulations that provide the most up-to-date basis for actions to be taken in the event of a case of avian influenza in wild birds or an outbreak in poultry. My Department reviews its contingency arrangements regularly and maintains contact with Departments and agencies that would assist us in the event of an outbreak in Ireland.
It is in dealing with diseases such as EIA or avian influenza, diseases with the potential to greatly harm the bloodstock industry or threaten the health of the Irish poultry flock, that the provisions of section 17A would have a crucial role to play. By enabling authorised officers to deal effectively and speedily with diseases with obvious economic consequences for agriculture, as in the case of avian influenza, which has the potential to be a public health risk, we are ensuring we are well prepared to deal with all eventualities.
Bluetongue, an infectious, non-contagious, insect-borne virus disease of ruminants, has recently become a cause for concern, with the disease being detected in northern Europe for the first time in 2006. All ruminants, including sheep, cattle and goats, are susceptible to this infection. It has never been recorded in the United Kingdom or Ireland but recent confirmed cases in the Netherlands, Belgium, Germany and France refute the belief previously held that the disease was confined to the warmer climates of southern Europe. The emergence of the disease at higher latitudes represents an increased risk to other countries in northern Europe, including Ireland. In response, the Department has initiated a three-year surveillance programme of potential disease vectors and is arranging for the updating of our preparedness to deal with any cases that might arise. I take this opportunity to stress the importance of preparedness for a possible outbreak of bluetongue in Ireland, as the consequences of such an outbreak would be potentially devastating and could compromise the entire export of live cattle, valued at €110 million in 2006. The availability of section 17A could prove to be a very useful tool, either as part of the Department's surveillance programme or, particularly, in the event of an outbreak of the disease.
Section 17A has been used sparingly. Although many may argue this as a reason for its discontinuance, I argue that it demonstrates the responsibility of the Department and its officials. Our disposition at all times is to act reasonably and responsibly with regard to the circumstances in which it is appropriate that certain powers should be exercised. It is appropriate that, given the powers conferred by the section, the Houses of the Oireachtas should have the opportunity to review them periodically and consider the propriety of their being retained. It was for this reason that the Government proposed an amendment to the 2001 Bill to allow the Houses of the Oireachtas to review the section 17A provision after 12 months. That is the reason we are dealing with the motion. While advocating retention of the provision for a further year, I do so not for the sake of doing so but because of a genuine belief it is a necessary measure to have available to us. Similar provisions are included in other legislation such as the Animal Remedies Act. There are safeguards attached to the section 17A provision, for example, an authorised officer must have a reasonable suspicion before acting, while in the case of entry to a private dwelling, a search warrant is required. Members can be assured that the powers provided under the section will continue to be used sparingly and only in such circumstances as are appropriate and contemplated by law.
Animal diseases pose a continuing threat to animal and, potentially, human health. They also pose an economic threat, in the case of poultry, to a vulnerable but important part of the agri-food sector and, in the case of horses, to Ireland's valuable bloodstock industry. The committee will be aware that the Government has approved the general scheme of an animal health Bill. While drafting of the Bill is in progress in my Department, for a number of reasons this has not proceeded at the pace anticipated. My objective is to produce updated and consolidated legislation that will retain many aspects of the 1966 and 2001 Acts but will also contain additional features. In particular, it is the intention that the Bill will subsume provisions along the lines of those in section 17A.
I hope and trust the committee will accept my argument for the retention of section 17A for a further year and will agree to the adoption of the resolution by both Houses.
