asked the Minister for Justice if he will consider favourably a recommendation of the Law Reform Commission that the present immunity of an owner or keeper of straying animals for damage caused on roads be abolished.
12.
Ceisteanna—Questions. Oral Answers. - Liability for Animals.
11.
(Limerick East) asked the Minister for Justice if he accepts the proposals of the Law Reform Commission on civil liability for animals (LRc2 1982), and if he intends to introduce legislation in Dáil Éireann which will incorporate the recommendations of the Commission.
I propose to take Questions Nos. 11 and 12 together.
The recommendation relating to straying animals is one of a number made by the Law Reform Commission in its recently published "Report on Civil Liability for Animals" which has been presented to both Houses of the Oireachtas.
In connection with the publication of this report and of another report which is not my Department's responsibility, the Government issued a statement on 11 June welcoming the reports and saying that they would be fully considered by the Departments concerned. I am not in a position to add anything at this stage to that statement.
Would the Minister not accept that this is a matter of urgency since the Law Reform Commission first produced a working paper in 1977 on this matter of immunity? Since the Chief State Solicitor's Office made submissions to the Law Reform Commission on both working papers, it seems to imply that it is the responsibility of the Minister for Justice, if not to introduce the legislation, at least to favourably recommend that that legislation be introduced, by whatever Department, as a matter of urgency?
I understand that the Minister of State at the Department of Agriculture has proposed that his Department should take on responsibility for legislation in relation to dogs.
The Minister has not answered my question as to whether he would look favourably on recommendations of the Law Reform Commission?
The recommendations, as published by the Law Reform Commission, have been examined by me and there are some aspects of the proposals with which I am not happy.
(Limerick East): Is the Minister aware that there is a draft Bill attached to the report and all he has to do is to decide, in principle, to introduce the legislation?
I am aware there is a draft Bill but I am not satisfied that it is as simple as the Deputy suggests.
(Limerick East): In reply to Deputy Markey, the Minister said that legislation for stray dogs has been referred to the Department of Agriculture. As that is only one recommendation in the Law Reform Commission's report, does that mean the Minister is dropping the major section of the report which deals with wandering animals?
I quoted the statement which was made by the Minister of State at the Department of Agriculture.
(Limerick East): With respect, who is accepting responsibility for the sections of the report that deal with civil liability for wandering animals, together with provisions for animals wandering on main roads and provisions for impounding them?
As I have stated already, I am satisfied with certain matters that have been published and on which I would be prepared to introduce legislation. In relation to the problem posed by stray dogs and damage being done by them, I cannot say that I should introduce that legislation.
(Limerick East): Is the Minister accepting Departmental responsibility for all sections of the report, apart from the provisions dealing with stray dogs?
That is a separate question.
Does the Minister agree that this matter has become topical through the publication of a report by the Law Reform Commission, that law reform is part of the responsibility of his Department and that it is a very bizarre transfer of legislative responsibility that the Minister in charge of promoting law reform in this area should be the Minister for Agriculture? Why can the Minister's Department not do their job.
I am not satisfied that it is my responsibility to legislate for controlling stray dogs.