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Seanad Éireann debate -
Wednesday, 27 Jun 1984

Vol. 104 No. 7

Protection of Animals kept for Farming Purposes Bill, 1984: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

The main purpose of the Bill is to enable Ireland to ratify the European Convention on the Protection of Animals kept for Farming. I am concerned about this because 99 per cent of our farmers are well able to look after their animals. There may be cases of cruelty but they are fairly scarce. Farmers are always a bit scared of inspectors calling. Under this Bill an inspector appointed by the Minister, a veterinary officer, a sergeant or a garda can inspect farm premises. I have seen good farming practices in operation but somebody with different ideas — what I would consider a do-gooder — might say conditions were not as suitable as they ought to be. There was a case in my county where a farmer was brought to court because a garda thought animals were not being kept in proper conditions. Even though veterinary evidence was brought in to show that he was following normal farming practices, the man was convicted and he had to appeal to the Circuit Court to win his case.

On the question of records being kept, I would like to know for what kind of units records have to be kept and what would be classified as intensive units. There are a number of units which could be classified as intensive units, such as slatted cattle houses and piggeries. Most piggeries are intensive because pig farming is so bad that the profit margins are very poor. The farmer will have to use good husbandry methods. I am concerned about those records. Who is to verify those records? Will they take the farmer's word or the word of the man in charge of the units? I would like to know what units will be covered. Will sheep units and cattle units be covered?

There is a controversy about what constitutes cruelty to animals. It is said, even by the Agricultural Institute, that it is cruelty to keep sheep in slatted units, which are intensive units, because that is not their natural environment. It is good farming practice to keep sheep in slatted units and to take them in during the winter although it can be said that they are intensive units and that the animals are not in their natural environment. I think they are better off in those units than starving on the mountains in winter time. People do not see that as cruelty to animals. Sheep are dying from hunger on the mountains but people are shouting about the cruelty of having them in intensive units. I would like the Minister to define what he means by intensive units.

It is stated in the Bill that automatic ventilation must be kept in order but there are times when it is beyond the control of the farmer to have those automatic gadgets working properly. I know of situations where, through no fault of the farmers, farmers had big losses because automatic units were out of order due to somebody going on strike or pulling a switch. I have seen 300 pigs dead as a result of an operation like that. Why can not we get some regulations to cover these situations?

When making regulations under this Bill I would like the Minister to consult the farming organisations because there is a lot which could be said and points I would like to see defined before regulations are made. If that could be done I would be grateful to the Minister.

The main purpose of this Bill is to enable Ireland to ratify the Council of Europe Convention for the Protection of Animals kept for Farming Purposes which was signed by Ireland in June 1978. Apart from that purpose one would question the need for such a Bill because many of the items contained in it are part and parcel of good farming. We have some reservations with regard to certain sections and subsections of the Bill which I am sure will be dealt with on Committee Stage.

This Bill might be considered as casting a slight on the capacity of farmers to do their job. One might also question the necessity of having the regulations prescribed by statute apart from the necessity to conform with the convention. I agree that in certain cases there is cruelty to animals but this is rare. In most farming operations and in intensive farming units, safeguards with regard to size, ventilation and the provision of food and water are provided. In this connection one questions the advisability of having this Bill.

A number of sections could be considered hostile and not in the interests of the farming community and of good farming husbandry. In addition, there is not adequate protection for farmers, and this must be considered. There are strong powers under certain sections with regard to entry on to farms by officials of the Department of Agriculture, by members of the veterinary profession and, in certain instances, by the Garda Síochána. It may be possible to amend this on Committee Stage. It is something that we will consider and I hope the Minister will consider it also. The provision in relation to the supply of food and water for animals is far-fetched. Surely all farmers know about this and will ensure that they will have proper supplies of food and water. That is in their own interests as well as the interests of the animals. There are other provisions for the care and welfare of animals, such as those in section 3 (1) (b).

Entry into farms should be the function of veterinary surgeons and officials who are qualified rather than members of the Garda Síochána — I am sure the Garda Síochána have enough on their hands at present trying to cope with crime without being asked to visit farms to see that farm animals are kept properly and not subject to abuse — particularly with regard to the taking of samples. I hope that there will be an opportunity to amend this on Committee Stage and to restrict entrance of the Garda to any farm without prior notice to the farmer.

One could also question the omissions from the Bill, one of which relates to the question of transport of animals, where cruelty is being caused to them in transport to and from different farms and to the marts, but perhaps this is covered by some other Act. If it is not, the Minister might consider introducing such a section. There should also be provisions made for wintering animals. This is the greatest area of suffering because animals are left out in snow, wind and frost. When there are heavy snowfalls the farmer has no access to the animals and this results in grave hardship and suffering to the animals, especially in hilly areas where vast numbers of sheep are lost during severe snowfalls. The way to remedy this situation would be for the farmers to be able to winter all farm animals. Under the farm modernisation scheme there was provision for the housing of animals, but the figure of £23 million for that scheme this year as opposed to double that figure three years ago, demonstrates the Government's interest in wintering farm animals.

Some speakers quite rightly referred to the importance of the farm modernisation scheme with regard to the protection of animals in these units. There was also the expansion of the farm building programme in recent years, a programme which ground to a halt within the last 12 months primarily because of the suspension of the farm modernisation scheme on 9 February 1983. This constituted a grievous error on the part of the Government, contending that there was economy involved. If farmers and the farming community get the aid they are entitled to, and there is money on a £ to a £ basis available from the EEC, they would have adequate buildings and facilities to protect their farm animals. Many farmers got involved in developing their farms to ensure that their animals could live in comfort and had very sophisticated buildings erected.

Senator Quealy mentioned the case of many pigs dying. Because of the depression or because farming did not go too well some farmers found themselves in very serious financial trouble and had to sell some of their stock; some of them had to go out of business altogether. It was a mistake to suspend the farm modernisation scheme. However, the scheme is now in operation to a limited extent. The building regulations that will apply under the farm modernisation scheme will ensure that farmers will have proper buildings to accommodate their animals. It would be sheer economic madness for any farmer or food producer not to think in terms of looking after their animals properly with such units particularly when one considers present production costs. The Bill is nearly unnecessary because all farmers who are interested in looking after their farms and in farming efficiently will have proper housing and proper protection for their animals, winter and summer.

I am sure everything that can be said about this Bill has been said, but I want to add my welcome to the Bill. Some people may say there is no need for it, and they may be half right, but the Bill is not going to do any harm. There is a very small percentage of people — I do not know the percentage, and maybe I am fortunate that I do not know any of these people either — who do not look after their livestock well. This Bill talks about three things: housing, ventilation and feeding and drinking. In 1984 and in years past most people involved with livestock did an excellent job. In these times people cannot afford to do anything but a first class job. There are many people who depend on livestock — mainly cows and cattle — for their livelihood. I do not see a great need for the Bill, but if there is a small percentage of people who feel that this Bill is necessary and that it will be a deterrent to those people who do not look after their livestock properly, then it is welcome.

There are many different ways of housing livestock. There has been a welcome change over the last number of years whereby people spent vast sums of money housing their livestock and most people opted for the slatted units. Maybe there is no figure to substantiate this, but one can say that most cattle slatted units do not look as comfortable as the old bed of straw of bygone days, but people rearing greater numbers of cattle, catering for bigger numbers of cattle, had to move in that direction because in certain counties straw is quite scarce and has become quite expensive. When we talk about livestock we are talking about profit margins at the end of the day and all farmers and livestock owners tend to think and have to think in terms of profit.

A few people who realise that this Bill is going through mentioned that they are concerned about a few matters in it. Two of the things they are most concerned about — and I can add my own voice to this — are the type of people we may appoint as inspectors and the time of inspections. Anybody could walk into most farms throughout the country at different times of the morning and find that cattle did not look as well catered for as they should. You cannot feed or bed all your stock at the same time. I am concerned that there might be an invasion of privacy of land owners by people inspecting their stock perhaps at a time when they were not well looked after.

I would not be too concerned if I felt these inspectors were qualified, if they had a knowledge of livestock and the way these jobs were done, but I would not be too happy if I thought that people who might get these jobs did not understand how livestock are looked after, the type of sheds needed or the routine for dealing with this type of job. As I said, it is not possible to feed all the livestock at one time, and when one gets to the last animal, it can look quite uncomfortable. If an inspector arrives before all the cattle are fed or bedded, he might think they look neglected. That type of thing concerns me. We are not trying to put jobs in the way of veterinary people because they have enough to do in their own field, but I hope the inspectors will have a knowledge of all types of livestock and that they will not report somebody for a petty offence.

Almost every farmer realises the importance of feeding his stock well. We have arrived at the stage when we cannot afford to do otherwise because the margin of profit is very low at present, and has been for many years. The margin of profit on buying and selling can be very small. Every farmer realises that he must feed his stock the maximum amount of food to get the maximum amount of profit. For that reason I would not be too concerned about the feeding of animals. When we talk about housing and the move forward that there was in recent years, with many farmers spending tens of thousands of pounds improving their farmyards and houses in general, we must remember that many people still feed their cattle outside. Ministers in the past encouraged most of these people to spend money and provided decent grants for farmers to erect very modern accommodation for these animals. Good land will not stay good if the cattle remain on it for a whole winter in atrocious conditions.

When one is driving through the countryside on a snowy evening, one might see animals outside, up to their knees in muck, eating out of a round feeder. If an inspector did not know his job, he could regard this as cruelty to animals. This is happening in many parts of the country still; I have seen it myself. It is possible that these farmers cannot see their way to getting these cattle off the land, because of financial or other considerations. Under this Bill these people might run the risk of being brought before the courts for not treating their animals properly. There is always a possibility that that could happen. That would concern me very much.

Senator Quealy spoke about the intensive units and about pigs, a subject on which he is an expert. I am talking a little more about the cattle, which I know more about. In many parts of the country there is nothing but these units. It has been said to me — I do not know if it is true — that the performance of cattle is not as good in these units as in the old type lean-to in which they were bedded in straw and were very comfortable. Nonetheless people have to move in that direction. If inspectors visited some of these slatted units at a certain time of the day before the animals were fed, perhaps they might look uncomfortable.

I seem to be emphasising the risk to farmers of being penalised or punished in some way for not looking after their stock properly. I am sure we are not trying to create more jobs for the veterinary people but it would be true to say that most of them have long experience of the livestock industry. They see animals in all types of conditions and of course animals have to be in certain types of condition. For example, as Senator Quealy said people could be caught napping, so to speak, during strikes — ESB or otherwise. If animals are fed by certain machinery which is worked by electricity it might mean they would have to wait much longer than usual for their meals. If an inspector appeared on the scene at that particular time people might find themselves in trouble. That is perhaps the part of the Bill I am most concerned about. From my own experience, and that is quite a bit because I have been quite a while in the game, I see no reason for the Minister to be concerned about the feeding and the housing of the cattle. The majority of farmers at the moment have proper sheds, proper slatted units and the type of buildings they need.

However, there is still a section who are concerned about having their livestock outside and would love if the Minister, in the days and years ahead, could see his way to bring back certain types of grants. There are some people who would like, if they could get generous grants, to get their cattle off the land. Perhaps they are people who were moving somewhat more slowly but everybody could not move at the same time. There are some people who did not avail of the reasonably generous grants which were available some years ago and they now find themselves in the position, with the limited amount of cash around and with high interest rates, that they are unable to do this job. I would appeal to the Minister to use his good offices to see that more generous grants are introduced. My main concern about the Bill, welcome as it is in many other aspects, is the type of inspectors we are going to have and the times of inspection.

I think you covered that matter already.

I want to emphasise that because there are more people concerned about this Bill than you might think. I want to talk about the times of inspection. The times of inspection is the important thing.

You said that twice.

I would say it, with your permission, three of four times if I thought it would have a greater effect because the effects of that on people will be great. The Bill is important and I welcome it but for these two particular points.

Of all the legislation which has come through this House this is the most nonsensical I have seen in my time. In my view, it is merely a cosmetic exercise. It will never be put into operation and indeed the Department have no intention of putting it into operation. It is a Bill which is just meeting the requirements of our EEC partners. Whoever negotiated on our behalf in Europe, I would lay the blame at the feet of the people from our Department here, and I am not speaking about the political people. I am speaking about the Civil Service who negotiated this regulation at EEC level. It is the most nonsensical——

I am afraid the Minister is responsible. It is not the Civil Service. You are not entitled to criticise the Civil Service. It is the responsibility of the Minister.

If it is his responsibility, it is through the Minister I criticise the Civil Service but I know from my own experience — no matter what John Tobin tells you — that it is the Minister's Department who negotiate the regulations. It is only in the final analysis that the matter comes to the Minister.

The Minister is responsible to the House.

It is the most cosmetic exercise that has ever come into this House because at present, out of all the vacancies in the Department of Agriculture, between redundancy and retirement, only one in every five is filled. There is no way anybody will be appointed to look after these provisions. Indeed, I think the Garda Síochána have plenty to do besides going around inspecting farmers' premises to see whether there is any cruelty to animals or whether they are being fed properly. This will not happen either. Even widows who have no male help look after their animals so well that one could regard them as pets.

It is not necessary to bring in a Bill of this kind. Every farmer, with the price of stock as it is at the moment, will ensure that his animals are in an environment in which they will thrive and that is the criterion of whether an animal is happy in his environment. Senator Quealy put his finger on it when he said that animals on the hills endure more hardship and die from starvation. Because of the acid nature of the soil they do not get the proper nutrition. If these animals, sheep in most cases, are taken into slatted houses for the winter and fed properly the mortality rate can be reduced considerably. Every farmer I know is doing that at the moment. There is no need for anybody to come out to see if a farmer is looking after his animals properly.

It would be more useful if farmers got some guidance from the Department of Agriculture on the administration of drugs and on management rather than this type of Bill. It will never be put into operation. Maybe it is necessary to bring in the Bill because we are a member state of the EEC but it will probably rest there. I cannot see the provisions of the Bill being implemented because the manpower appointments are not being made in the Department.

I think you have said that three times.

Since you are recording, I will have to be careful in future. It is cosmetic.

You have said that four times.

If we could do more beneficial work for the farming community instead of wasting the time of the House on this Bill we would be doing a better job for farmers.

I accept no responsibility for the signing of the convention. It was done by a Minister from the other side of the House and all we are doing is ratifying what he decided. That was signed on 29 June 1978. It contains 18 articles. Articles 1 to 7 deal with the general principles and Nos. 8 to 13 with detailed implementation.

With regard to the Bill, it is fair to the Minister of the day to say that it was incumbent on us to sign to give effect to the European Convention. When many of the units we are talking about in the Bill were in their infancy we had a lot of breakdowns and problems. In section 1 of the Bill we are talking about a husbandry system relying for the purpose of the care of animals on automatic equipment to such an extent that a failure of that equipment would, if it was not rectified, or if some other suitable provision was not made for the care of animals, cause the animals unnecessary suffering. As was pointed out on both sides of the House, we know that it is in the interest of farmers to look after their stock and do a good job but there are the exceptions and we have to look out for them. We are legislating on the European scene for the very few neglectful people who are not aware even of their own self-interest with regard to the care of animals.

A few Senators were concerned about the records. Senator Hussey in particular was concerned that this would be a burden. All a person has to do is to keep a diary showing the date of inspection and a note to say that everything is in order. It is left to the farmer. No elaborate records are envisaged. There is no question of harassment. The point was made that we do not have a whole lot of manpower to be harassing people. It will be a spot check system conducted by our agricultural officers. They have veterinary training. They have an idea where to go if there are problems. The Garda will not conduct inspections and will only be called on as a last resort. They have that power already in the event of persistent obstruction encountered by officials in the carrying out of their duties.

The Bill relates to animals on the farm. Some Senators are confused about this. The welfare of animals in transit is already catered for under the Transit of Animals General Order 1973 under the Diseases of Animals Act.

Is on the mountain regarded as being on the farm?

We are not concerned here about out-wintering. We are concerned purely with housing of animals. In Strasbourg there will be a standing committee. If there are anomalies in the Bill it can be amended to suit a particular situation. The fine of £500 was mentioned. That is a maximum fine judges can impose and they will have a discretion to impose lesser fines as warranted in particular cases. We do not expect that it will involve any extra staff or additional expenditure from the Exchequer. We are talking about an occasional spot check.

Senator Hussey raised a point in relation to the United Kingdom and Northern Ireland. The situation is that there have been little or no prosecutions under the legislation to date. The delay in bringing forward the Bill is due to administrative reorganisation in the Department of Agriculture. Possible developments in relation to the harmonisation of poultry and animal welfare legislation in the EEC was also a factor. Progress at Community level has been slower than expected. For instance, Italy and Greece have yet to ratify this convention.

The important thing is that our inspectors will adopt a common sense approach when dealing with this legislation. The worry of Senators that inspectors might come along in the morning when cattle were not looking their best is not a problem. The problem is where there is gross neglect and where animals are suffering. Where that happens we hope this Bill will serve as a warning to people to be more careful. I do not expect that this Bill will cause any problems for the farmer or for the Department. It is just complying with EEC legislation and it is basically to cope with something that is comparatively new to agriculture, that is very intensive and very sophisticated type of equipment being used in the housing and care of animals.

Question put and agreed to.

Tomorrow morning.

Could we not take them now and save the Minister coming back?

The House has already agreed to take the remaining Stages tomorrow morning.

Committee Stage ordered for Thursday, 28 June 1984.
Notice taken that 12 Members were not present; House counted and 12 Members being present,
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