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Seanad Éireann debate -
Wednesday, 13 Dec 1933

Vol. 17 No. 28

Horse Breeding Bill, 1933—Committee Stage.

Sections 1, 2 and 3 agreed to.
SECTION 4.
(1) The owner of any stallion, which is entered in a prescribed stud book and which—
(a) is used for the service of no mares other than mares entered in the stud book in which such stallion is entered, or
(b) is of or over the prescribed age and is used exclusively for racing,
may apply to the Minister for a certificate (in this Act referred to as a certificate of exemption) exempting such stallion from the application of this Act.
(2) Every application made under this section shall be made in the prescribed form and manner and shall contain the prescribed particulars.

I move amendment No. 1:—

Section 4. To delete the section and to substitute therefor a new section as follows:—

4. Any stallion which is entered in a prescribed stud book shall, for the purposes of this Act, be deemed to be an exempted stallion.

The difference between my amendment and those that come after it is that mine cuts the whole thing short and leaves every thoroughbred stallion free from the necessity of having to get a certificate and so on. My reason for bringing it forward is that I think the situation has been misunderstood. Those who have spoken in favour of the section seem to think that there are a large number of thoroughbred stallions, some of which are unfit for breeding purposes, in addition to those bought by the State. It is also suggested that these are hidden away and used surreptitiously; that it would be an extremely difficult matter to discover them and still more difficult to prove that they had been used as stallions. Those are the main reasons given for bringing forward this Bill and this particular section of it. I believe that these ideas are very far from being the case. I doubt if there is any single thoroughbred stallion, the possession or use of which is not well known in any district. It would not pay anybody to keep a stallion in secret. They are generally advertised in the local papers, and anybody who has a stallion is anxious to get fees and, therefore, is not likely to hide it away or to hide its light under a bushel, so to speak. It is a mistake, to my mind, to suppose that the possession of a stallion could not be known. Everybody in the district in which there is a stallion knows perfectly well that the stallion is there, and even if it is not advertised, it is generally known. Farmers are not so silly or so ignorant as not to know that there is a stallion next door or within five miles of them. My experience is that they do know and they will not use any stallion which is not useful for their purposes.

Some of the discussions that took place in the Dáil show what the opinions of some Deputies were. I think there was a general idea that something ought to be done in the matter and that the thoroughbred should be exempted or certain conditions applied to it. One Deputy asked "What is to be done with the stallion wandering about the roads alone and not belonging to anybody?", and another Deputy said "Put him in the pound." The Minister settled that question by saying "The pound may be full of such stallions." When I read this, I began to think that I am in Central Asia, because I never heard of stallions running wild about the roads of any country in the world except Central Asia, where I believe there is a type of wild horse. Besides, if any of these people had to catch a wild stallion running about the roads they might find it a very difficult job. Some stallions are very fierce. I knew a stallion down in Roscommon some years ago called Buckshot. No one could enter his stable. He was fed through a window, and certainly, I should not like to have to catch him and put him in a pound. There was another stallion, a very celebrated racehorse, called Chanticleer, long ago, who used to roar like a bull at times, and there was a trainer called Harry Stebbings who said that he liked being off Newmarket Heath when this horse was on it. I do not think it is possible for these things to be kept quiet, and my view is that it would be very much better to leave the thoroughbred stallion alone altogether. Some of the other amendments do not go so far as that, but that is my idea. My opinion is that officials should not be interfering in trade of any sort. If everything is going well, there is a great disadvantage in bringing in officials, but if, as is often found to be the case, an industry is being very badly managed, not being used properly and the country is at a loss as a result, naturally something must be done, and the Government and their officials ought to do it. But the exact opposite has happened in this country. So far from anything being wrong with the horses in this country, we have the best throughbreds in the world; we win more races than any other country and our horses are exported to all parts of the world. You will have evidence of that when Senator Parkinson, who knows all about these matters, comes to speak. Large numbers of stallions are being exported to India and America and other places. When I was in South Africa, I was given a free hand to choose racehorses when I came home here and to send them out there. I did not venture on such a step because I would get myself into trouble if I brought out a horse that would not win a race. I would not be very popular, so I left the matter alone.

Then, there is the case of the breeding of the stallions with half-bred mares in the country. They produce practically all the hunters in the country. We all know that hunters in Ireland fetch a fine price. That shows that there is nothing wrong with that business, so why should we bring in Bills to interfere with stallions in an industry which is succeeding and which has succeeded for the last hundred years excellently, without any of these Acts? I spoke on Second Reading on the same subject, so I do not think it is necessary to prolong the matter further. Certainly, it is my opinion that it is better to leave the thoroughbred horse alone altogether, whether crossed with half-bred mares or not. I pointed out on Second Reading that some of the amendments we have now before us are useful, no doubt, for the big studs such as are found at the Curragh in Kildare, but we do not want to put any stoppage on the small studs round the country. There were many of them in my time round the country, and many of the best horses were brought there. The owner of the stud may have a thoroughbred horse and he may have four or five mares breeding from that stallion, but if he were bound down in such a way that the stallion could not be crossed with any other than his own five mares, it would not pay him. He, therefore, lets out his stallion to suitable half-bred mares. He cannot do that now, unless he has permission from some official to do so. I do not deny that there will be difficulties in any arrangement which we make, but there is less difficulty in making one clean sweep of this provision than by trying to make all sorts of ins and outs with arrangements and permits and various things of that kind. I, therefore, propose the amendment which is to free all thoroughbred horses from interference by officials. It simply says that a stallion which is entered in a prescribed stud book shall be deemed to be an exempted stallion.

Senator Colonel Moore's amendment has one merit, namely, it is perfectly clear—"any stallion which is entered in a prescribed stud book shall for the purposes of this Act be deemed to be an exempted stallion." That amendment is free from the defects observable in some of the other amendments where the phrase "recognised stud book" is used. The meaning of Senator Moore's amendment is this: that any stallion no matter how weedy, no matter how defective, no matter how ugly, may be used without restriction for the purpose of mating with farmers' mares and for the purpose of producing hunters. I am opposed to that certainly and for this reason. Senator Colonel Moore seems to think that the only thoroughbred stallions which would be used for mating with farmers' mares would be stallions that would be kept in a small country stud. He has experience of one side of horse breeding.

Of two or three sides.

I have experience of another side of horse breeding and I do know that if a blood horse is found to be a weed, is found to be blemished or defective, is unable to win a race, the subsequent history of that blood horse is very interesting. It probably comes down from the Moore stud—a stud that used to be probably one of the greatest in the British Isles—and that horse having filled the owner with disgust, having lost a race in which probably the owner lost a lot of money, is abandoned to a farrier or a blacksmith. Then he comes down from Mayo or King's County and finds his way into Clare. He goes into the possession of a smith. He is a weed, but the country people will be informed that the horse is splendidly bred. They are not very expert on the points of a thoroughbred. They will not know all the defects he has. They will not know he is an absolute weed. Of course all the farmers' mares in the country will be sent to be covered by this very splendid thoroughbred. When they expect saleable hunters, good hunters, what will they have? They will have ugly, weedy, defective, knock-kneed, spavined animals. They go to the fair with their three-year-olds, having taken the utmost care of them, having brushed them and curried them. They bring them to the fair but they are offered nothing for these hunters. That is the other side of the picture. For that reason I submit that the amendment of Senator Colonel Moore, properly drafted as it is in order, supported clearly by the arguments from his side—that is from the first-class stud side—of the picture, should not be accepted by the House, and that the Bill as it stands is preferable. It is preferable for the reason that farmers and people with good mares should be protected from these roving thoroughbreds that are to be found in possession of smiths and farriers all through the country in areas where there are no great stud farms. I do think at the same time that the section should be amended in the sense of some of the amendments which will come forward before the House.

I thought perhaps, a Chathaoirligh, that you would take all the amendments together, because they all deal with the same matter; but if you wish we shall deal with this amendment first. I think that the case put up by Senator Colonel Moore has been answered by Senator Comyn, as I should like to answer it. I am not saying that I should be able to do it as well. Senator Comyn has answered it, however, as I should like to answer it, that there is a danger that these thoroughbred horses if exempted would eventually fall into the hands of persons who would use them for the service of ordinary mares. As Senator Comyn has said, the owners of ordinary mares are sometimes deceived by a great deal of the talk in regard to the high breeding of horses of that sort. They are not perhaps as competent to judge the good points of a stallion as people who own thoroughbred horses would be. We do mean to exempt the owner of a thoroughbred stallion entered in a stud book which is being used for the service of mares, entered in a stud book also, because we feel that the owner of a thoroughbred mare which is entered in a stud book is quite competent to make up his mind in regard to the stallion to which he will send his mare. We feel also that for a particular type of stallion a rather high service fee will be charged in most cases. It would seldom go below £20. If he is badly formed or made or likely to beget faults in his progeny, it is not likely that he will have good mares sent to him. I think there is no necessity for the State or State inspectors to interfere in such cases. When, however, these thoroughbred stallions for any reason go down the country and are used in the service of ordinary mares a certain amount of protection is required. I might point out that as the law stands that is the position. If a thoroughbred stallion at present is used anywhere for the service of other than thoroughbred mares entered in the stud book he must be licensed. We are not changing that in the least. Senator Moore's amendment would have the effect of loosening the regulations as they are at present instead of tightening them. Our object in bringing in the Bill was to tighten the regulations to a certain extent. If we were to accept the amendment it would have the opposite effect—that things would be much easier than they were before. In no circumstances could I accept the amendment.

This picture which has been drawn about a little skeleton thoroughbred being brought down to some far country place might do very well for some auctioneer in the back lanes, but farmers are not such fools. They know something about horses, and they know that this wretched animal is not going to do them any good and they will not send their mares to it. The whole of this part of the Bill is just built on the fiction that everybody is a fool, and that a countryman does not know which are good stallions and which are not. My experience of farmers is that they are wise people and know a great deal more than they get credit for. They are pretty good judges of what is suitable. As far as the particular formation of an animal is concerned I showed the other day that it is very difficult to presume beforehand without experience what a particular animal is suitable for. I gave the other day the case of the dam of Birdcatcher. There is not a thoroughbred horse in the stud book that has not some of the blood of Birdcatcher. His dam was Wytcherley. The owner of Wytcherley did not want her because she seemed to be of no use. He offered to sell her for £30 and no one would touch her. It was said that this wretched little mare would not be able to breed a hunter. That mare bred the best horses that have ever been at the stud or that have ever been raced in England. If we had had no Birdcatcher half the racehorses in the country would be the worse off. These are merely presumptions. No doubt people like to get control of something or other by establishing committees and such like things. The ordinary country person is well able to manage his own business and the less he is interfered with the better. He has done well for himself up till now.

Amendment put and negatived.

I move amendment 2:—

Section 4. To delete the section and to substitute therefor a new section as follows:—

4.—A stallion which is entered in a recognised stud book and which—

(a) is used for the service of no mares other than mares entered in a recognised stud book, or

(b) is of or over the prescribed age and is used exclusively for racing or is in training for racing is exempt from the provisions of this Act.

This Bill will have a very big effect on the future of horse breeding in Ireland. If anything is done under the Bill to interfere by way of regulation or anything else, in the production of thoroughbred horses used for racing purposes we shall run the risk of gravely injuring one of the biggest trades that we have to-day. Irish thoroughbred horses were sold to twenty-three foreign countries last year. The thoroughbred horse is the only thing produced in Ireland to-day that we can claim has a world-wide market—world-wide in the sense of wherever horses are used for racing purposes. We have the soil and the climate. We have developed the necessary technical skill in the production of thoroughbred horses that compels the world to admit to-day that the Irish thoroughbred horse is the best. Herr Becker of Hamburg, who has written a monumental work on the thoroughbred horse, in summarising the position at the end of the book says that taking the best places to breed thoroughbred horses Ireland was the first. I shall not hurt the feelings of the various nations that produce thoroughbred horses by quoting the order in which he places them. In America to-day an Irish-bred stallion, in its first season serving in America, is easily at the top of the record of thoroughbred stallions in America. That horse was bred in the County Dublin. Blandford, who was bred in County Kildare, is the sire of three Derby winners and is recognised as the stallion of the best two-year olds which ran in England this year. I could quote innumerable instances to prove that, as far as the production of the thoroughbred horse goes, you cannot improve on the technique of the people connected with it here. That is proved by the number of people anxious to buy our horses and by the fact that the horses produced here get the highest prices at the Doncaster sales. A mare that was sold for £8,200 last week in England was Irish-bred. In every single country people are anxious to buy the stock of an Irish horse, if they want horses. Where I disagree with the other amendments and with Section 4, as it stands in the Bill, is on the question of a recognised stud book. The prescribed stud book is one thing and one thing only—that is the general stud book, the British stud book as it is to-day. Other countries have stud books and, even outside of the general stud book, there is a stud book in England—Miss Prior's half-bred stud book—in which there are registered 2,700 horses, of which 700 are brood mares.

Of those 700 brood mares in Miss Prior's book, 300 are located in Ireland. From those 300 mares horses as good as any that have come from the Wetherby Stud Book have been bred. If we had an Irish stud book, the majority of these animals would be included in it. Our biggest market has always been the British market. Our second biggest market to-day is the Indian market. The Indian market was brought to us by a horse which, if this Bill had been in existence and administered strictly, could not have been produced here. I refer to Mayfowl. That horse was exported to India in 1909. In 1910 it won the biggest race they have there, the Viceroy's Cup. It won it again in 1911. It dead-heated with an Irish horse in 1912, and it won it again in 1913. To-day, instead of a monument to some great patriot or politician, the greatest monument in Calcutta is the monument to Mayfowl —the Irish horse which started off by making Ireland known to the Indians. If we were to exclude all but those on the prescribed stud book, which is now regarded as Wetherby's Stud Book, we would run a big risk of losing our trade—a very considerable trade—with many countries. The countries which take our horses without inquiring whether or not they are on the prescribed stud book are India, Ceylon, South Africa, Egypt and Norway. They represented more than half the horses sold from Ireland this year. They do not ask if the horses are on Wetherby's Stud Book or not. They accept them for what they believe they are, judging them by their form in the various racing calendars which they look up. It is absolutely vital that Miss Prior's Stud Book, including all those mares here in Ireland, should be accepted as a stud book for the purpose of this Act by the Minister. That is the reason why we are not asking at the moment for a prescribed stud book. We want the stud books of France, America, South America, Austria-Hungary and the books of all those countries in which racing takes place and in which they have an official stud book recognised, as Wetherby's was recognised in the past.

The Minister says that the administration of this Bill is going to be the same as the administration of the 1918 Act. But the people who bred these half-bred horses in Ireland were acting against the law. I admit that the law has not been enforced against the people who did so and I am sure that while the Minister and his Government are in power it will not be enforced against them. But my view is that when we are putting through an Act we should make it wide enough and clear enough to comprise all these matters so that they will cease to be illegal. These people did not engage in this business for the purpose of breaking the law but because they believed in this particular line and considered that they would get results from it. It is for that reason I am so persistent in asking the Minister to accept a recognised form of stud book for the purpose of the Act.

On the question of the prescribed age for horses in training and racing, we can only to-day sell colts—they will not receive geldings—to Brazil, Panama and Venezuela. If they are geldings they have to pay duty in France, and if not colts they are not allowed into Brazil and Panama, which are the new markets and which are capable of a lot of development. For that reason I ask the Minister to except the 400 colts, and two and three-year-olds, which are used almost altogether for racing purposes.

I need not further emphasise the facilities we have in the country for breeding horses. Lord Furness, the Aga Khan and England itself has selected a place in County Kildare for the National Stud. These things clearly show the utility of Ireland as a breeding place. The people managing these studs are natives of this country and they have clearly proven that they have sufficient technical knowledge to run the business here in the estimation of people outside.

I support the amendment. It would appear to me that any slowness or hesitation in accepting the amendment would amount to a suggestion that there is something wrong with the present condition of affairs in regard to the breeding of both thoroughbred and half-bred horses. What is wrong? Can the Minister say? Those who are in a position to know and who speak from long and expert experience, both on practical and technical sides, say that the present methods are suitable for general conditions, suitable in regard to breeding the best material and economically suitable in regard to the countries with which they have dealings. I ask the Minister to point out where the trouble lies. It all hinges, it appears to me, on the difference between a prescribed stud book and a recognised stud book. Who is to decide which is the better? Wetherby's Stud Book is a long time in existence, no doubt. Are the people responsible for getting horses on to that stud book any more expert in horse-breeding than those other people who have shown their expert knowledge by the stuff they have produced —horses that made a name in all parts of the world?

The very act of hesitating to accept this amendment would be a suggestion that there was something going wrong now with Irish horse breeding that never went wrong before. It would tend to make suspicious people who are sending their mares to this country in great numbers. The influx of mares into all parts of Ireland has been a source of great revenue. If the owners of sires are interfered with in the management of their business, those people who send these horses over will naturally think that there is something wrong. We will not make progress in this way. We must depend for that on the skill of the people who know their business. We are satisfied that they know their business. The performance of our team of Irish horses all over the world has shown this. Some of these horses were bred in the county from which Senator Parkinson comes and, as they have proved their effectiveness and utility, I do not think there should be any hesitation in dealing with the matter in the manner suggested. There is a resolution lower down that we should take into account, in addition to the prescribed stud book, a recognised stud book, because these other horses have proved equally effective. These have proved themselves equally effective. In doing what they are doing the breeders and owners are doing an illegal thing and, instead of compelling them to continue this illegality, the Minister should legalise the present process, and that would be all to the good.

I gather that all sections of the House are agreed that this measure is necessary for portion of the horse-breeding industry in the country. It is necessary to protect the ordinary farmer, the ordinary man who owns a horse—to protect him and his horses and the progeny of those horses from injury. To that extent we are all with him. I think it is also clear that every section in this House wants this measure to do no harm, if it can possibly be helped, to the thoroughbred industry. What I think we are anxious to do is to send this Bill back to the Dáil in such a form that it will do as little harm as possible, if any, to the thoroughbred industry. The amendment is designed for that purpose.

Senator Parkinson and I have used the word "recognised" because we object to the word "prescribed." The word "prescribed" has hitherto been confined to a particular stud book. It is only one out of a number of stud books, the mares in which are sent to this country in very large numbers and, as the Bill stands, if the practice carried on under the 1918 Act up to the present, with only the Wetherby Stud Book as the prescribed stud book, were to continue, then every stallion in this country to which a French mare in the French stud book or an American or Indian mare in an American or Indian stud book would come, would be put outside the protection of this Act; he would have to get a certificate, and in that way the industry would be hampered. That is what we want to avoid. If the Minister can devise any way of avoiding that in a better form than is presented in the amendment, I am sure Senator Parkinson and myself would welcome it. I know he is as anxious as we are that this great industry should not be injured.

I agree with the principle of this amendment, and I am sure the Minister is endeavouring to see how he can put into proper form the idea that is here set out. If any advocacy were necessary to induce him to do anything, it would have been the very interesting speech made by Senator Parkinson. I would like to point out to Senator Brown that in the section of the Act of Parliament under discussion the phrase is not "the prescribed stud book" but "a prescribed stud book" and it would be quite open to the Minister to prescribe more than one stud book, to prescribe in fact all the stud books which are recognised in Ireland, the two that are recognised in Ireland and the stud books which are recognised in other countries. Senator Brown objects to the word "prescribed" and he has used instead the word "recognised." My difficulty is in relation to the word "recognised." Recognised by whom? "Prescribed" is defined as "prescribed by the Minister," but "recognised" is put in here without being linked up to any other word, without being defined. Suppose that this legislation were subject to legal decision. The first question asked would be "Recognised by whom?" Would it mean recognised by the owner? He might have in his private possession a pedigree of his own horses, and it might mean recognised by him. Therefore, while I am in favour of the principle I find a difficulty in regard to the word "recognised." I would like to carry out in its entirety what is desired by Senator Parkinson.

Another matter to which I would like to call attention is this. The amendment finishes with the phrase "is exempt from the provisions of this Act." In the Bill the phraseology is "may apply to the Minister for a certificate of exemption." Is there any particular reason why the Minister should not be applied to for a certificate of exemption? There is one argument in favour of the section. It may be of advantage to the State that the Minister should at least know where all these thoroughbred horses are and he never can know if you simply say a stallion is exempt. He never can know, otherwise, where all the sires are. Has Senator Parkinson any particular reason for using the phrase "is exempt" instead of the phrase "may apply... for a certificate of exemption"?

The Minister may not grant the certificate.

Is that what is in Senator Parkinson's mind? If it is, he has not argued it as he has argued the other part of his amendment.

The reason why I suggested this matter of exemption should be applied to the stallion is that no stallion outside Ireland can be imported into the country without a permit from the Minister, and the record of all horses brought in on such permits is at his disposal.

I feel inclined to agree with Senator Parkinson's amendment.

I do not think Senators appear to recognise the fact that in this Bill we are doing exactly what was done in the 1918 Act. The wording of Section 4 is not exactly the same as the wording in the 1918 Act, but we mean to administer the law in the same way, to make the regulations the same.

In order to make it possible to prescribe Wetherby's, which was the only book prescribed for the last ten years, I would be prepared to recommend the Seanad to accept amendment No. 4, which is Senator Quirke's. That means the very same words as in the 1918 Act, and if the section were amended in that way we could then prescribe any book, Wetherby's, French or American, or anyone we thought fit to prescribe. I can state, however, that for the last ten years it was only Wetherby's that was prescribed, and if I were to be asked whether I meant to change that I would say no, because I do not know enough about the horse breeding industry to take it on myself to change it. On the other hand, I intend, if this Bill passes, to set up an advisory council from those who know most about the horse breeding industry in general. And after consultation I think we might decide to prescribe other books as well as Wetherby's. That is our position. We make no change whatever.

There, however, appears to be a fear that we may administer the law differently in the future. Whether this Bill passes or not, I think the Department was under the impression that the law was being administered. They may not have gone out of their way to go to certain horse breeders to see if they were obeying the law. Most of the horse breeders were obeying the law, and whether they had the horse registered in Wetherby's and wanted to mate that horse with a mare not registered in Wetherby's a certificate of exemption was sought from the Department and that was granted.

The point mentioned by Senator Brown was that when a mare was being imported in order to be served by a stallion there is a certificate required for the importation of the mare. The same happens in regard to the stallions. At any rate we are dealing with the mares first. A mare that is brought across to be served by a stallion here must get a certificate in order to be imported. Of course, it is usually stated by the person importing the mare what the purpose is and if it is to be served by a stallion here, then permission is given for both things at the same time. I take it that the difficulty Senator Parkinson has is with regard to the 300 mares in Miss Prior's Stud Book in this country. He thinks we should have Miss Prior's Stud Book prescribed. That is a matter that will be before the consultative council that I intend to set up. That can be done. It was not because the door was being opened too wide that we prescribed this stud book. Then we can give a certificate for any number of mares out of that book which were being sent to one of these stallions.

With regard to the recognition of stallions not in Wetherby's the position is at present that they would be mostly imported in the first instance. A permit would have to be sought to have them imported and at the same time a permit would be asked to have them used for service under this Section 4. That would, of course, be granted where advisable as was the practice in the last ten years. A difficulty, however, arises in the case where that stallion would pass on from one person to another. It would be quite all right to give a certificate and a permit to import—a certificate of exemption to the person importing the horse—but we must keep track of that stallion. If he passes from one particular owner to another we have to trace him and keep account of where he is. We differ from Senator Parkinson as to whether "exempt" would be sufficient. We think it is not sufficient. The big difference between us appears to be "recognise" and "prescribe." We all appear to be aiming at the same object and that is to have as little interference as possible with the bloodstock breeders. We are all agreed on that. Every Senator here is agreed on it. We hold, however, the amendment moved by Senator Quirke, instead of the amendment moved by Senator Parkinson, would meet the case and that the word "recognise" will get just as far, because "recognise" will have to be defined. If we were to leave "recognise" as it is now, it would mean that the register of Clydesdales would have to be included so that Senator Parkinson would be quite free to have his mares served by a Clydesdale stallion. Otherwise, any person could come along and make a register. It was attempted in this country ten years ago. Any person could come along and could build up a stud book. That was attempted ten years ago. The person was not very particular so long as he could get 10/-. He got all classes of breeders. He got a thousand people altogether to recognise his stud book. However, he was afterwards recognised by the Civic Guards. But his was a recognised stud book and it would be recognised so far as this amendment stands. You would have to come down and define "recognise" and you would have to prescribe what "recognise" means, so that the word "recognise" would have to be one of the words prescribed in this Bill. But we would arrive at the same conclusion as we all aim at the same purpose. As the word "prescribe" appears to be the most suitable word, the amendment by Senator Quirke brings us back to the same word as in the 1918 Act and ought to be adopted.

The case should really be argued by Senator Parkinson and others before the advisory council because the advisory council will be consulted about the regulations under this Bill. The advisory council will make recommendations to the Minister for Agriculture as to what the regulations should be. It is, therefore, before the advisory council that the Senators here should make the case they are making with regard to the different stud books that should be recognised and with regard to the free movement of stallions. All these matters are matters that would come more properly under the regulations than as amendments to the Bill.

Might I ask the Minister if he is conscious of the fact that if he accepts Senator Quirke's amendment, the owner of these thoroughbred stallions and mares would still have to apply for a certificate of exemption?

Now that is one of the serious interferences with this industry —having to go and apply for a certificate. What we put in our amendment, and what Senator Moore has in his, is to strike out the section altogether. It would, therefore, take away the necessity for the application for exemption altogether. I also suggest to the Minister and I admit that the word "recognise" implies that it must be recognised by somebody just as the word "prescribe" means that "prescribe" must be recognised by somebody. Practically all our Acts mean prescribed by the Minister. If the Minister is setting up a consultative council he will put on it those in the industry of horse breeding. Why should any question of recognition be dealt with? After all the number of stallions that are recognised by the Board, subject to the Minister accepting the advice of the Board, will be the ones that will be prescribed. It is not as good a word as "prescribed," but there is no reason why the same practical result could not be brought about.

On the point raised by Senator Brown, it is true that these owners will have to apply for exemption, and the reason is that we want to keep track of every stallion in the country. It is a very simple matter. They have only to apply for exemption once. As I said before, in a good many cases stallions will be imported and an exemption will be applied for at that time. In other cases a stallion may be racing in this country and after some time may be sent to the stud. An exemption may be applied for then, but it will not have to be applied for annually. As regards certain studs, there will not be any trouble at all about exemptions being granted.

Trouble is likely to arise only where there is a doubt, where the Department is not satisfied that a stallion is being used entirely for the service of mares in a recognised stud book. In such cases there may be a doubt as to whether the Department will give an exemption or not. In these cases the Department would have to proceed and bring the parties concerned to court to make them prove their case. In such cases these persons must apply for an exemption and the Department will give its decision. If the persons concerned feel that they have a grievance, that the decision given against them is a harsh one, they can bring the Minister to court.

On the question of recognition as against prescription, when the regulations made under this Act are put into force, will it not be possible for the Minister, after getting the opinion of his advisory council on the matter, to have a recognised stud book embodied in the regulations? If that is possible, there ought not to be any difficulty. Under the 1918 Act there has only been one stud book prescribed, namely, Wetherby's. If the 1918 Act had been administered strictly in the legal sense, it would have done an infinite amount of harm to horse breeding in Ireland, but in the year in which it was passed Ireland had only a few representatives in the British House of Commons. In view of that, we did not expect that we would get anything like fair play. Indeed, we only got fair play in the lack of administration of that Act.

Would it not be possible to get over the difficulty if both sides agreed to have a schedule of stud books to be prescribed to the Bill. If there are any further stud books to be prescribed later they can be added.

The trouble about that is that you could not add to the schedule without further legislation. If you were quite certain that you were not going to have any more stud books, the suggestion would be all right.

Surely the schedule could be altered by regulation.

If you were to say "such stud books as are prescribed in the schedule and such other stud books as may hereafter be recognised," that might work.

I could not agree to that. I really think this is a matter for the advisory committee. I do not know what the advisory committee is for if it is not to deal with matters like this.

Amendment 2 put and declared carried.
Amendments 3 and 4 not moved.
Section 4, as amended, agreed to.
SECTION 5.

I move amendment 5:—

Section 5. To delete the section.

I do not know that this amendment is necessary at all. I think it is consequential on amendment 2 that we have carried.

There may be applications under Section 5 other than applications which were provided for under Section 4 as it originally stood. Therefore, I think the amendment is in order.

I have nothing to say on the amendment. I have no further interest in this Bill. Our only alternative now is to administer the 1918 Act.

Amendment put and declared carried.
Section 5, as amended, agreed to.
SECTION 6.

I move amendment 6:—

Section 6. To delete the section.

I do not think this amendment is necessary now.

All I want to say is that I am very much alarmed by the statement the Minister made a moment ago, that he is now going to administer the 1918 Act. If the Minister means by that that he is going to put the penal clauses in the 1918 Act into operation I can see very grave trouble ahead for a lot of stud farms now in existence in the country. As I said before, we in this country had nothing to do with the passing of the 1918 Act. At that time we had hardly any representatives from Ireland in the British House of Commons. The only bit of comfort we got from that Act was that it was not enforced either by the British Government or by the Government that we had here during the last ten years. Surely the Minister does not mean that he is going to treat us worse than we were under the British Act, with which we had nothing to do in regard to its passing?

It appears to me that we are discussing Senator Parkinson's amendment. There is really very little between Senator Parkinson and the Minister, and I think it is quite possible for Senator Parkinson to modify his amendment so as to suit the Minister.

Leas-Chathaoirleach

That is quite another matter.

I submit that all these amendments are in order and should be debated as if the Minister and the Senator had come to an agreement.

This amendment deals with the certification of exemption.

No. That was deleted, and this is consequential.

Amendment agreed to.

Leas-Chathaoirleach

The amendment is to delete the section and that has been agreed to.

Amendments 7 and 8 not moved.
Sections 7 to 18 inclusive agreed to.
SECTION 19.

I move amendment No. 9:—

Section 19, sub-section (1). To delete in lines 54-55 the words "and any member of the Gárda Síochána may inspect."

I think it is not right and quite unnecessary that Gárdaí should be sent to inspect horses. One would think that no one knew where these horses are stabled. The whole country knows that and I do not think it is right to send Guards round to look for them. People do not like to have them coming on duty about their places. It is quite unnecessary and I suggest that the duty allotted to the Guards in this connection should be taken out of the Bill.

The point about that is that we have to send some kind of inspectors to get reports. It would be very expensive to have to send inspectors specially all over the country for this duty. The Civic Guards will only have to report upon these matters.

Amendment, by leave, withdrawn.
Section 19 agreed to.
Question proposed: "That Section 20 stand part of the Bill."

I move amendment 10: to delete the section.

This section refers to the forcible castration of horses. If a person does not fulfil the order to castrate a horse it may not be his fault. The order may not have been delivered although some one of the Minister's subordinates may have sent down such an order. Then, again, it is very serious to castrate a very expensive horse. If a man is forbidden to use the horse here he might take it with advantage to another country. But if this section is allowed to remain in the Bill a man may come back from a journey abroad and find that a valuable horse has been castrated in his absence. I think that is very strong action to take, and cannot be accepted. If it were provided that a man should be fined or something of that sort for not carrying out the order I would not say anything against it, but it is too strong a step to insist that the horse should be castrated.

If the Minister is of opinion that a horse ought not to serve mares in this country surely that animal might be allowed to be deported, and the Minister might prescribe that the animal should be deported, say, in fourteen days.

It might be that if the owner took that horse to the Colonies, or somewhere else, he might use him without any licence for thoroughbred mares. I think the order as provided in the Bill is too strong.

Senator Colonel Moore, of course, understands the whole principle underlying the Bill. We adopted all sorts of devices of fines and so on. It is only when a person has failed, and refused to act, that castration comes in. I think you will have to have that as the logical conclusion of the whole thing. It is in the Acts dealing with bulls and boars and so on.

Amendment, by leave, withdrawn.
Section 20 agreed to.
Section 21, 22, 23, 24 agreed to.
Question proposed: "That Section 25 stand part of the Bill."

With regard to amendment 11—Section 25: To delete the words "certificate of exemption" in line 15—I ask leave of the House to allow it to stand over until Report Stage and I shall tell the House why. The Minister has certainly done his best to meet us in this matter. Although we have passed an amendment altering Section 4 and altering it in such a way that the necessity for a certificate of exemption no longer exists if that section were put into the Act, the Minister has met us so fairly that I think we ought to meet him again between this and the Report Stage, even if that stage is taken to-morrow. I think, with the help of the undertaking he has given to introduce into the Bill an advisory council, and, also, with the chance of getting what we want, even though the word "prescribed" is to come in, it will be a very different proposition. Even with the word "prescribed" we have this advisory council, and both Houses have a final say on the Minister's order, and have a right to say whether that order should be carried out or not. Therefore, I suggest that this amendment should stand over because, although it will make the industry a little more troublesome, I do not think they ought to object to an initial certificate, after this Bill becomes law, when the horse starts on his career first. I think they would object to applying every year, and we might probably come to terms with the Minister as to that. I see a very good chance of an agreement that would make this a really good working Bill, and I think it would be better not to have us fighting over words when our purpose is the same. If the House would give leave for it to stand over for the Report Stage I would be willing to withdraw it at present.

Amendment, by leave, withdrawn, to be re-submitted on Report Stage.

Sections 25, 26, 27, 28 and 29 agreed to.
Title agreed to.

Leas-Chathaoirleach

When shall we take the Report Stage?

If there is to be a conference between the Minister and Senator Brown, and it is most desirable that there should be such a conference, I think the Minister should be given whatever reasonable time he thinks proper, so that he may fix a time for conference which would be suitable to him. I think it would be a very great pity that this Bill should be lost by reason of a difference which, I confess, I cannot understand now. I think they should go back on that. I think the Minister is right that there must be one certificate at all events, so that he may have what the Minister has described as a track of all these horses. It is my opinion that the House ought to yield to the Minister on that, and I am sure that they will do so on Report Stage. I would suggest this day week.

I have no objection.

Leas-Chathaoirleach

Would the Minister agree to postpone the Report Stage until after Christmas?

It does not matter very much. There will be amendments in this Bill at any rate, and the Dáil will meet again on the 31st January.

I think we could fix it for to-morrow. We are so nearly agreed that I think we could do it.

Report Stage ordered for Thursday, 14th December, 1933.
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