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Dáil Éireann díospóireacht -
Wednesday, 22 Nov 1989

Vol. 393 No. 5

Horse Breeding Bill, 1985: Committee Stage.

Question proposed: "That section 1 stand part of the Bill".

In order to be consistent with the Second Stage debate I want to put down a marker and say I have serious reservations about the repeal of the Principal Act of 1934 in so far as it means that henceforth no stallions in any category will be licensed. There are a number of reasons we should travel this road very slowly. First, this is a most inopportune time to ask this House to deal with this Bill. I know it has been in abeyance for quite a long time and that there have been suggestions from the various factions of the horse breeding industry about which I will speak in a moment.

I note from a press statement today the announcement of the new horse advisory body. I note that the Minister has appointed the members of the board and has set up this new non-thoroughbred advisory committee to advise him on the industry. I see nothing wrong with that; that is reasonable in its own way. No matter how good or bad they may be — as far as I am concerned — they will be just as good as Bord na gCapall, although the Minister went to great lengths to point out that this new body do not constitute a replacement of Bord na gCapall. I am sure all the members are professional in their own right. I wish them well.

I have no hang-up whatever about the composition of the board. However, as there is always likely to be on such occasions, I note there are one or two omissions. I am somewhat surprised that the Irish Shows Association are not represented on that board. They do much good work at various agricultural shows. Now that they have brought their organisation to a professional pitch — they hold all-Ireland finals for yearlings and so on — it is difficult to understand why they have not a representative on the board.

The kernel of this Bill is the repealing of the 1934 Act whose provisions stipulated that stallions in excess of two year olds, other than thoroughbreds, who had to be licensed to date will no longer have that obligatory requirement applied to them henceforth; in other words it will be, as it were, open season with no control as such. I know that opinions within the horse breeding industry differ as to whether that is a good or bad thing. I have never yet met two people in the horse breeding industry who were of the one mind in that regard. Obviously the advice given the Minister is to the effect that the Principal Act should be repealed and that henceforth there be no licensing system at all.

I would ask that scrutiny of this Bill be the first item on the agenda of the new advisory horse body. They are entitled to examine its provisions. It is not reasonable or fair to deny a group of people as committed to the horse industry as are those nine or ten members of the new body the possibility of examining this Bill. That is tantamount to saying: we will first change the laws and then we will give you a look in on the sideline. So much expertise resides within that group — from a reading of the list of names — it would be of benefit to the Minister and the House that we ascertain their views.

While I do not profess to be an expert in this field I was born and reared with horses. Because the whole of the horse breeding industry is so important to us, and is likely to become even more so in the future, I do not think we should rush through this Bill even though it has been in abeyance for many years and has fallen with Dála and had to be reinstated.

I believe there should be some form of control. I will give the House an example. When I served as a junior Minister in the Department of Agriculture it was decided that we should forget about all sorts of controls so far as bulls — breeding animals — were concerned. The thinking at the time was that if a farmer wanted to cut off his nose we should allow him to do so because he would be doing so in the full knowledge that he was inflicting injury on himself. I have to admit that many farmers did inflict injury on themselves. At the time I must admit I felt it was better to have a free-for-all, no licensing, no bull inspections or whatever. I was of that opinion for commercial reasons. I genuinely believed that if somebody was seriously engaged in this industry he would have to take note of the fact that the market required a certain product and that he would use the best breeding facilities available. I have to say many of them did not, so much so that even now the Department use a certain system of inspection. It has been contended that, unless one has such inspections, we would be left with the worse specimens the various breeds could produce. I know it is not fair to equate that example with the horse breeding industry but my genuine fear is that, if we abolish the policing methods obtaining as far as stallions are concerned, we will wind up in a worse position from a quality point of view.

If ten or 12 mares or stallions are being inspected, whatever they are being inspected for visually, it is okay if they are being inspected by keen eyed judges. I am not saying I am that keen eyed because it is a while since I was involved with horses but it could be argued from a genetic and breeding point of view that the judges did not have a clue what they were looking for other than that the horses conformed well to their breed type, that they looked well, had solid legs, etc. I have noticed over the years, as have many others who have an interest in this industry, that a man who had no accreditation other than that he made a living from dealing in horses — the real university of life so far as this industry is concerned — would recognise a problem that perhaps five departmental or Bord na gCapall officials would not have seen in a month of Sundays. Some people are very sharp and there are none so sharp as those who are involved in the horse industry.

I accept that it is very difficult to legislate for this area but I ask the Minister to take on board the proposal I am making. Before we make a decision on the Bill the Minister should hand it back to the advisory horse body he has appointed so that they can have a look at it for a month or two. If the Minister then brings their recommendations back here I will gladly facilitate the passage of the Bill. Since I have become Opposition spokesperson on agriculture I have spoken to a number of people involved in the horse industry and I must confess that they are equally divided as to whether the 1934 Act should be repealed. Not everybody agrees with the Minister, or for that matter disagrees with him, but there are a couple of technical questions I should like to get answers to, and I hope the Minister will have the answers to these questions when he replies.

As the Bill stands at present there is an exemption from inspection for thoroughbred stallions. I understand this provision has been in force for years. It is not right to say that because they are exempt the same system should apply down the line. There are far more stallions down the line which are not as expensive and may not be treated in the same way as the thoroughbreds. Artificial insemination is very important at present both in horse breeding and cattle breeding, and even in regard to sheep. However, with present technology people will have no trouble importing semen. If we do not have a licensing system how can we be sure that semen came from the source it was supposed to have come from? How are we going to check the source and where is there certification? Many people are worried that a coach-and-four could be driven through this legislation. I read with interest the contributions of Deputy Doyle and Deputy Davern when they spoke last year or the year before and it is obvious that they take the horse business quite seriously. No answer was given on that occasion as to what would be done in those circumstances. I do not have the answer either but I hope the Minister has. If he does not have it, obviously it is time for him to go back and have a look at the Bill again.

The Deputy could recruit some help from the backbenchers.

They are here.

I want to intervene here to say that what we are dealing with now is the Committee Stage of a Bill which comprises two sections only; section 1, the repeal of the Horse Breeding Act, 1934, and section 2, the short title. I want to dissuade members from the notion that they may now have a Second Reading debate all over again. We cannot go back to the Second Stage of this Bill. There are no amendments on Committee Stage to my knowledge and I must ask that we approach the Bill as it is presented to us now in two sections, an Act to repeal the Horse Breeding Act, 1934. That is precisely what is before us. I must dissuade the Deputy in possession from making what seems to me to be a purely Second Reading speech. The Second Reading of this Bill is long since past.

I have to question your interpretation, and I do so in the knowledge that I know exactly what your ruling is. Even though the title of the Bill is short this has nothing whatsoever to do with the content of it. In fact it was argued on Second Stage that very little information was given for the repeal of legislation which could have far reaching effects. All I am doing is asking the Minister straight questions. I think that is what Committee Stage is for.

The Deputy is quite entitled to ask those questions but I have given him a lot of latitude without interrupting him at all. However, I am concerned lest Members try to create a Second Reading of this Bill all over again. That would not be in order.

I want to continue by asking, and hope I am in order, that the Minister take on board my suggestion that this Bill be handed over to the newly appointed horse advisory body. They were not in existence when we were debating the Committee Stage of the Bill; they were set up only two or three days ago. This body were probably in the pipeline for the past couple of months and it is extraordinary to think, because of the way Dáil business is organised, that the brains of the best nine or ten people so far as this industry is concerned, or so the Minister must think, cannot have a look at the Bill before we decide on it. If I was a member of that board I would begin to wonder why I had been placed on it. All I am asking the Minister to do is to give them an opportunity to look at the Bill, even after Committee Stage. I believe the Bill is important enough for the Minister to do that.

Because of the numbers on the other side of the House, if the Bill is put to a vote it will be passed anyway but I sincerely hope there will not be any necessity to go that far because the horse industry is very important. I should like the Minister to give great consideration to the question of imported semen. As the Bill stands, he could be opening a sluice gate which we would not be able to control. A system of inspection should be set up and there should be some follow-through so that breeders, the people I am worried about at the moment, will have certain documentation, whatever it is worth, to show that there is a certain line of breeding for a particular animal. It has been said many times by people in this business that this documentation is not worth the paper it is written on, that what is required is performance.

Only this very day I got a letter back from the Department about the offspring of a stallion which is owned by a constituent of mine. Because the stallion died and had not been blood typed this offspring cannot be registered as of now. I am told that this animal, from a specimen point of view, is as fine an animal as there is in the country. Evidence of that is the fact that a person in Northern Ireland is prepared to pay £7,500 for the animal, provided the documentation is presented with it. It is against that type of background that I am suggesting that there should be some overall control of registration.

The horse breeding industry here has been neglected for many years. We have produced some of the best horses in the world and we are all aware of how valuable the horse industry has been for Ireland. That is one of the reasons I am worried about the provisions of the Bill. It appears that we are to be muzzled in the debate on a Bill that deals with one of our most important industries. Surely the Minister realises how valuable horse breeding is to our economy. There is no doubt that we are only skimming the surface as far as the potential of that industry is concerned. That cannot be contradicted. The quality of the Irish horse is recognised internationally and up to 50 per cent of the best showjumpers in the world were bred in Ireland.

The industry needs to be reorganised and the Department should devote special attention to that. A suggestion has been made that we should allow the half-bred industry to develop but in my view there is a greater need for our pure bred animals. There are many international buyers who are prepared to pay any money for quality pure bred Irish horses. In the last 20 years the half-bred industry has seriously declined to such an extent that the number of foals produced annually has dropped to 2,500. The sad fact is that we have more international buyers than we have horses for them. That is an indictment of the Department which allowed that industry to die. As a Member from a county with a proud horse breeding tradition I urge the Minister to rescue it. We have the Boherbue and Caheragh shows which attract international buyers annually.

I agree with the remarks of Deputy Connaughton concerning the licensing of stallions. The new board should make a decision on that important aspect of the industry. I do not want to see our horse breeding industry reduced to a scrub industry. We are all aware of the damage done by scrub bulls to many herds and it is not hard to visualise the amount of damage scrub stallions would do. If there is to be a future for our horse industry we must have proper breeding and handling. We cannot afford to have any slip-shod methods used by fly-by-night operators whose only concern is to make a quick buck. The time is opportune for the Minister to set a headline for the industry.

Deputy Sheehan, a very experienced Member of the House, will appreciate that on Committee Stage it is not usual for Deputies to make Second Stage speeches.

This Bill is of great importance for the horse breeding industry.

The importance of it has not escaped me.

I am anxious to stress the need to prepare a comprehensive plan for the industry. I do not think the Leas-Cheann Comhairle realises the importance of that industry.

I am only obliged to realise what is in Standing Orders. I know I can appeal to Deputy Sheehan to be as little out of order as possible.

I shall try to comply with the request of the Chair. I must point out that the Bill refers to the horse breeding industry and, as such, we are permitted to refer to the importance of having a first class thoroughbred horse industry.

I thought the Bill dealt with half-breds and not thoroughbreds.

We are repealing legislation which was referred to by Deputy Sheehan.

In the process of repealing that legislation it is important that I should point out the vital facts to the Minister. I welcome the decision to pay a grant of £400 for Irish draught mares. I urge the Minister to continue along that road and introduce a grant scheme for the construction of stables for the Irish draught mare, particularly in the disadvantaged areas. There is a lack of housing for the draught mares in those parts of the country and it is for that reason I appeal to the Minister to introduce a scheme for the construction of stables in the disadvantaged areas. This would enable the farmers in those areas to engage in horse breeding and thus get a bite of the cherry.

I support the repeal of the 1934 legislation. The 1934 Act merely dealt with licensing the horse and had nothing to do with quality. There was merely a physical test to ensure that the horse's body was sound.

And that he was well endowed.

There were other aspects as well. The real test is the registration of the stallion and that is where conformity of breeding is important.

The market will dictate which stallions will be used. The progeny of the breeding will dictate the market. Nobody in the half-bred industry would be foolish enough to think they could use any stallion and then get the type of money that Deputy Sheehan mentioned.

I was very disappointed that Deputy Sheehan did not mention Millstreet which has been grant aided by this Government and has become a centre of equestrian excellence. Perhaps it is bigotry against Noel C. Duggan.

Millstreet is on record already. I refer the Deputy to column 2338 of the Official Report, 2 March, 1989.

He did not have to wait until Fianna Fáil came into power.

Deputy Sheehan was reacting to my request that he confine himself to section 1. I am hoping that you will not encourage him to move outside it.

I merely mentioned an area in Cork that the Deputy should have referred to. I thought this great area for equestrian events was worth mentioning.

A Leas-Cheann Comhairle, the Deputy should read the Official Report of 2 March, 1989 where I referred to Millstreet as reported at column 2338.

I do not consider the Official Report to be bedtime reading. It is time wasting to hold this Bill up further. It has been held up before. The new advisory body has been set up and I compliment the Minister on setting up this new body. They will advise the Minister in six months or a year's time, but I am sure the question of licensing will not be an issue. The market will dictate the necessity of licensing. I think that registration is the better suggestion.

The only point which Deputy Connaughton made which I think is relevant is whether the importation of semen will be allowed. If it happens I cannot see any sudden burst in the half-bred industry because people will still prefer the natural method. It is part of the business to see the stallion.

With regard to Deputy Sheehan's request for a grant scheme to house draught mares, he should know that any half-bred animal is better left out in the fields and on the hills than being put into housing where it will pick up diseases such as coughs and colds. I appeal to the Opposition to let the Bill pass so that the new advisory board can advise on how best to develop the half-bred industry.

I would not like to see the half-bred horse left out on the Galtee Mountains.

If the Deputy knew anything about it, that is where you leave the horses and you let them foal that way. Let the Deputy stick to pigs and leave the horse industry alone.

We can breed them in Cork as well as you can breed them in north Tipperary.

We will have to put an end to this horse trading between Deputies Davern and Sheehan. We will listen to Deputy Durkan as he addresses us on section 1.

I will do my utmost to address my remarks to section 1. However, I must point out that section 1 entails the repeal of the previous legislation and this in turn opens up the whole matter. I respect your commands a Leas-Cheann Comhairle. I reiterate the views expressed by my colleagues, Deputies Connaughton and Sheehan on the advisability of proceeding with the legislation at this time. I am not certain whether it would be better to allow an interim period so that the new advisory body could refer to the previous legislation and the proposed legislation and then they would be in a position to advise the Minister on the future of the non-thoroughbred industry. I think that might be a worthwhile suggestion. The Bill has been held up for quite a long time and a delay of another month or two will not make any great difference.

I am not so sure that I agree with Deputy Davern when he says the market place determines the quality of the animal or the breeding tactics in the non-thoroughbred industry. It most definitely affects the thoroughbred industry, but that is a different story. It has been known in the past that non-thoroughbred animals which may not have the best possible lineage have achieved a high standard in the show grounds and in the market place. Even though the lineage may not have been of the best, they were still able to excel in their class. For that reason there are weaknesses in Deputy Davern's argument. It will be much more difficult to control the breeding in the non-thoroughbred industry than in the thoroughbred industry because there are not large sums of money involved. However, it is equally important to do so. We still have a fairly proud history in the draught classes and the draught mares and stallions are recognised as being of the highest possible standards.

The possibility of artificial insemination was referred to. What suits the non-thoroughbred industry may not suit the thoroughbred industry. Artificial insemination would not suit the thoroughbred industry because the industry deals on a worldwide basis and, in particular, with the American market. The reference to artificial insemination in the thoroughbred industry sets off alarm bells. If it was agreed that artificial insemination was acceptable to the non-thoroughbred then, as Deputy Connaughton has said, it would be very difficult to certify the origins of the semen and ultimately the thoroughbred industry could progress in the same fashion. If that were to happen, this Bill could have negative knock-on consequences for the thoroughbred industry. This area needs to be looked at by the advisory body at this stage. I fully respect the quality of the people which the Minister has chosen for the advisory body but I wonder if it would be a good idea to have them review what we are doing now so that they would have the opportunity of advising the Minister on it.

The Leas-Cheann Comhairle may think I am wandering outside of section 1.

I am not only of the opinion but the Deputy has convinced me that——

I hope I remain as convincing with the general public.

Since section 1 proposes to repeal the previous legislation, that is the only way I can speak on it.

All that would have been appropriate on Second Stage.

Having read the Second Stage speeches, I know that a wider area was covered, as is appropriate.

It might be a good idea if the Minister were to take advice from the advisory body before proceeding with section 1 of the Bill which proposes to repeal the 1934 Act. We have all agreed on the necessity for an advisory service, and the necessity for a governing body to replace the defunct Bord na gCapall. It is absolutely essential that there is a body with responsibility to determine the manner in which the non-thoroughbred industry is to progress in the future. With all due deference to the Chair, there is a considerable market for expansion in that area.

I am not going to broaden the debate but we have not even begun to develop the draught horse industry and this needs to be taken into account. At this stage the 1934 Act is obsolete. The industry needs to be developed bearing in mind present day requirements in the areas of leisure and trotting. The Minister of State might like to comment on those areas in his reply. I hope he will.

Is the Deputy encouraging the Minister of State to be out of order?

A Leas-Cheann Comhairle, you have reminded Deputies on both sides that this is a very short Bill, the purpose of which it to repeal the Horse Breeding Act, 1934. The proposal to repeal the Horse Breeding Act, 1934, was published in this Bill way back in 1985. It arose out of a recommendation of a subcommittee on breeding set up by the then Bord na gCapall and this recommendation was accepted by the Minister of the day. If one were to summarise what the Deputies have said, it is pretty clear that it is recognised that under that Act a purely clinical examination is carried out.

Inspections are carried out in the case of first time applicants only. Once licensed a stallion is not re-examined but the licence has to be renewed each year. The subcommittee established by Bord na gCapall strongly recommended that this Act be repealed and this argument be discarded. They made this recommendation because of the rapid decline in the number of stallions being licensed. Let me point out to the Deputies that in recent years there has been no demand to the Department of Agriculture and Food, who have responsibility for this matter, to retain this particular Act and to operate it in the way some people would like to see it being implemented.

At the time Bord na gCapall felt that the only route to take was to establish a register of approved stallions. The inspection system is quite thorough and the stallions are examined for soundness, confirmation, movement, temperament and so on. That examination is obviously proving to be quite satisfactory.

Let me now deal with some of the points made by the Deputies. In relation to the advisory committee established by the Minister for Agriculture and Food, Deputy O'Kennedy, its membership covers the broad spectrum on the industry and I am sure the names of the individuals involved are available to Deputies on the other side of the House. I am sure they would agree when I say that these people know the industry very well and are aware of the needs of the industry. I am sure with the co-operation of the appropriate division in the Department they will do a good job. Deputy Connaughton argued that a particular association should have representation on the board but it comes down to where one draws the line. It is a matter of getting people with knowledge and expertise on the advisory committee.

Deputy Sheehan raised the possibility of operating a grant scheme for stables. I can tell him that such a grant scheme is at present under consideration, but I cannot go any further than that at this stage.

Deputy Connaughton referred to the use of semen. I am sure he had embryo implantation in mind. This question will have to be considered in the context of EC legislation and the liberalisation of trade within the Community. The EC proposals contain no provision for controls on breeding, such as a licensing system. The EC legislation will provide for certification — this deals with the misgivings of Deputy Connaughton — of semen traded within the Community. We will have to accept semen imports from member states provided of course there is adequate certification. Obviously this matter will have to be considered in the context of the EC proposals.

This is a very narrow debate. We are talking about the repeal of this legislation and discarding the licensing arrangement. I would like to broaden the debate slightly for a moment and I beg your indulgence in the matter. It has to be seen in the context of the proposal which has been brought forward——

The Chair will naturally be reluctant to remind the Minister that he too must be subject to the rules and Standing Orders.

Perhaps we are all right and it is your view of the Bill——

Everyone thinks he is right. I am only right in so far as I know Standing Orders, as does Deputy Connaughton. He realises that however interesting it might be to indulge in equine and equestrian matters, it is not appropriate to do so on section 1. There is an obligation on the Chair to remind the House of that position.

The point is that there is no other section.

Again, that is not the responsibility of the Chair. All these meanderings and wanderings would have been appropriate on a Second Stage debate. I feel it is unnecessary for me to say this because I know Deputies present have as good an understanding of this as I have.

I will have regard to the Leas-Cheann Comhairle's feelings on the matter. Let me briefly say that the proposals which the Minister set out in the national programme for the development of a non-thoroughbred horse industry, which I am sure is available to Deputies on the other side of the House, are adequate and will see the industry develop steadily over the years and consolidate its position. That is all I have to say on the matter. It is a short and narrow Bill and we must leave it at that.

The question is: "That section 1 stand part of the Bill".

May I ask the Minister of State a question?

Deputy Connaughton knows it would be all right to do so if it were pertinent to section 1 but we cannot have dialogue across the floor on matters which are related to horse breeding in general but are not appropriate to section 1 which states that: "The Horse Breeding Act, 1934, is hereby repealed". That is what we are dealing with.

I bow to your ruling.

We are not entitled to deal with the consequences on Committee Stage.

There are questions left unanswered. They were not answered in the debate on Second Stage.

Put down questions on Report Stage and have them answered. There is provision for that.

Now that the Minister of State is in an expansive mood, there are a couple of questions I would like to put to him with your permission. Certainly we will not——

If the Deputy is anxious to put one or two relevant questions, I will allow him to do so.

There has been liberalisation of the EC animal health rules. Obviously this is of huge importance to Ireland, not alone to the horse industry but in a much bigger way for our cattle and sheep industries. The Minister of State would appear to be saying that a certain type of certification will be required. That does not answer the question as to the identity and the source of the semen or the embryo transplant. How can one be sure that one knew exactly the origin of the semen? This is something that a lot of the more enlightened horse breeders want to find out. Within the context of what we are talking about this evening it is important to get a clear steer on that one.

Is there any reference to artificial insemination in the 1934 Act?

We did not have much of that then.

Therefore it is not appropriate to this. It is not in it and we cannot talk about it. We are repealing an Act as the Deputy will understand and appreciate. There would perhaps be some case for referring to what was in that Act but to refer to something that was not in it is not in order on Committee Stage.

It could be a consequence of it. I am sure the Minister can give us some indication as to what his Department propose to do after this legislation is repealed. It is vitally important. I still maintain that the new Horse Advisory Board should have been given an opportunity to look at this Bill for all the reasons we have stated. That is something we could not talk about on Second Stage because the advisory body was not there.

The Report Stage of this Bill will not be taken today so I would ask the Minister between now and Report Stage to refer the Bill to the advisory group and we will all be relatively happy if they believe this is the right thing to do.

The certification obviously must cover the requirement that Deputy Connaughton feels will be necessary. I accept the point that the impact on the development of AI and embryo transplantation in the horse breeding industry will be very significant. The Department are fully aware of this potential and are aware of the genetic improvement which these techniques will afford the industry. The introduction of new legislation to facilitate this may well have to be considered in that context. We can draw from the experience of the use of these techniques in other sectors in agriculture and that information will be readily available to the Department when we consider bringing forward necessary proposals in that regard. I assure the Deputy that the certification will cover the misgivings he has about EC procedures in that regard.

I cannot see that Minister, but I have to take your word for it.

With reference to what the Minister has just said I accept that as time goes on modern technology developments will take place which may be beneficial to the industry but it is very difficult, as my colleague has just said, to be in a position to authoritatively determine whether the certification is authentic. It will be virtually impossible. I accept that in the case of non-thorough-breds the tendency towards abuse will not be as great as it would be in the thoroughbred industry where large amounts of money will be at stake but nonetheless there is considerable room for abuse.

The purists in the horse industry generally are opposed to artificial insemination because it automatically raises the question of the certification and the ability to prove that the certification is absolutely above board. In the case of the non-thoroughbred industry with which we are dealing here, it would be a good idea if the Minister had some response from the advisory body at this stage in relation to AI. The Minister would probably find that some are in favour but that more are not in favour. The other problem relates to the ability of the market to control what happens——

Deputy Durkan, if you are trying to fill a vacuum you cannot do it under section 1.

I am not.

You are. Deputy Durkan knows well that he is on the brink of making a mockery of the debate.

We are referring to section 1 of the Horse Breeding Bill which is about the repeal——

It is a technical Bill repealing an Act and if the Deputy missed his opportunity of making a contribution on Second Stage that is not the fault of the Chair.

The title of the Bill with which we will deal in the next section is the Horse Breeding Bill. It is about breeding horses and breeding techniques.

The Deputy is referring to the title. We can refer to the title when we come to that section of the Bill. Deputy Durkan knows as well as the Chair that on Committee Stage we are confined to what is in the section and Deputies are not given freedom to ramble in the fashion the Deputy has been rambling. The Deputy is introducing matter which is not even in the Bill we are repealing.

Far be it from me to ramble anywhere but the fact is that we are proposing to abolish the 1934 Act in this section and as a consequence of the abolition of that Act we should remember that this is an important Bill and we do not want people to have to come back to the House——

The Deputy will have an opportunity on Report Stage to apply himself to any omissions that appear in the legislation.

We will be tied again there to what was discussed on this Stage.

What I really wanted to say is that quite a number of the points raised by Members on this side of the House and referred to by the Minister in his reply revolve around the changes that are likely to take place, the importation of semen, the certification of it and so on. While the Minister seems to be happy that the certification which will be available will be authentic and will protect the industry here, I am not so certain. It might be as well if the Minister had the advice of the advisory body he has just set up before proceeding further.

I would join with Deputy Durkan in appealing to the Minister to delay the implementation of this legislation until the body appointed in recent days by the Minister has reported. One aspect of the body that has been appointed is that while there is a substantial horse breeding industry in County Clare we seem to have got no representation on this committee. I received today a letter from members of the west Clare horse breeding association asking that different things be included and that the Minister would give some kind of aid to the people in this sector of the agricultural industry. This Bill has been around since 1985, so I do not understand what the urgency is now. Why does the Minister want to proceed now when he is apparently trying to be constructive by asking a committee to examine this aspect of agricultural life?

Deputy Carey appreciates that misgivings of those kinds would have been appropriate to Second Stage but not to Committee Stage. Unfortunately that is the position in which the Chair finds itself. That is the reason the Chair must remind the House ad nauseam, and I do not propose to keep repeating it to every Deputy who has been here to hear it. This section deals with repealing the Act and Deputy Carey is not at liberty to address this problem in the fashion he would wish. There will be other opportunities when this can be done but unfortunately, as the Deputy knows, on Committee Stage that freedom is not allowed.

The section we are dealing with means that the Minister is doing away with powers he already has. What you are trying to say to me, a Leas-Cheann Comhairle is that I should not ask the Minister to delay putting aside those powers. I think that is appropriate to the Committee Stage.

This legislation has been around since 1985 and that, one would have imagined, was a sufficient gestation period. That speculation is not for me, however, I am only concerned to remind the House what is appropriate on Committee Stage.

We have had a lot of interruptions.

I do not want to argue with the Chair but I have had sad experience of what has been going on in the Department of Agriculture since this Minister started to interfere in the horse breeding industry.

Deputy Carey will appreciate that there is ample opportunity to raise the matter on other occasions. He cannot correctly do it on this section.

I did not seek to do it, a Leas-Cheann Comhairle, but if the Minister puts aside this power I will not be able to raise it at all.

The Deputy can raise other matters deemed appropriate on subsequent Stages.

The Minister will send me packing to this board that he has established. I am very disappointed the Minister decided that a mart for houses should be established in his home town of Nenagh against the wishes of the suppliers of half-bred horses on the western coast. I do not understand why you persist in putting me in a position of having to stick solely to the——

It is Committee Stage.

Why does the Minister want to proceed with it?

Because we have been trying to get it through this House since 1985.

The Minister has always received co-operation from this side when it came to the promotion of agriculture, but people are sorely disappointed when the Minister decides to send a proposal for a marketing institution in the town of Nenagh where there are no background buildings for the sale of hourses.

That assertion has nothing to do with the Bill.

It has because it relates to the sale of horses and horse breeding is related. The Minister seems unaware of where horse breeding takes place.

I am putting the question. Deputy Connaughton may contribute if he speaks about the licensing of stallions and other matters connected with it. Otherwise he may not.

First, I understand that under the old system of licensing, stallions were licensed on one occasion and after that licences were updated through a register. The cost factor has not been raised. I would like to know how much the cost had to do with the decision to repeal this legislation. How much money will the repeal of this Act save the Department? Did this decision have more to do with saving money than with horse breeding?

My second question is also extremely relevant. Will the expertise of the inspectors and others who went around to the various venues be lost to the horse industry now? Will they now become redundant?

Everybody in the House will be sorry if this expertise is lost to this industry. Some of these people were extremely good at their jobs and drove all around the country to do inspections in return for very little remuneration.

These economic or humanitarian factors are not relevant to this section. The Deputy knows that.

A Leas-Cheann Comhairle, when and where can I bring up these points because they are very important.

The Deputy can use his own ingenuity as to when it would be appropriate, but he should appreciate that they are not relevant to this section.

I will bow to your ruling. Usually you are right, but on this occasion I would like to hear the Minister's views because the cost factor is obviously very important.

If we hear the Minister's views we may raise other matters that are not relevant to section 1 either.

Section 1 proposes to repeal the Horse Breeding Act, 1934. In view of the fact that the 1934 Act set out the organisation of the non-thoroughbred industry in terms of breeding, does the Minister see any need for the introduction of replacement legislation? We are repealing an Act and setting up an advisory body to replace that framework. I wonder whether a couple of years down the road, if the industry——

Deputy Durkan realises that apart from what has been said here ministerial indulgence in visionary forecasts of other legislation is not appropriate. We must deal with what is here.

That is what I am dealing with.

For the Minister to comment on what might appear elsewhere is not appropriate.

I am referring to the repeal of the Horse Breeding Act, 1934. Surely I am entitled to ask the Minister about the repeal of the 1934 Act which was, presumably, put there for a purpose. Admittedly it was decided a couple of years ago that it should be repealed and circumstances may have changed since. Maybe the Minister has seen some evidence that suggests that other legislation may need to be introduced to govern the industry from now on. Has the Minister seen any such need since the Bill was first published? That is very important.

I am sorry, Deputy Durkan we have to assume that if he did he would be failing in his duty by not having introduced it here. We have to deal with what is before us.

Which is the repeal of the Horse Breeding Act, 1934.

I do not want to repeat myself. In his heart Deputy Durkan knows he is giving me occasion to address him in a way that should not be necessary.

I have not fallen foul of your ruling before and I hoped I would not on this occasion. This matter relates to section 1.

I will decide. The Minister would be out of order if he were disposed to exercise these visionary attributes the Deputy is asking of him in respect of other legislation. He too must apply himself to what is here.

I am sorry, a Leas-Cheann Comhairle. I think that now you are restricting the debate, unwittingly.

Section 1 deals with the repeal of the Horse Breeding Act, 1934.

The Chair regrets that it has been so tolerant to date. That is the position in which I find myself.

It cannot be denied that we propose to repeal the Horse Breeding Act, 1934. It is normal, in the course of any Committee Stage, to reflect on the consequences of proceeding with a particular section. I am trying to ascertain whether circumstances have changed in order that we either agree or disagree in our attitude to the Bill. I put it to the Minister through the Chair——

Deputy Durkan appreciates that if he disagreed he was entitled to put down an amendment——

The point is——

——and elicit the information he is now looking for.

In the——

Deputy Durkan, kindly resume your seat.

In coming to a conclusion that we should agree or disagree——

Deputy Durkan, kindly resume your seat.

Is the Minister allowed to answer?

I will call on the Minister to advise us as to what he thinks.

In fairness and on a point of order, it is a most unusual attitude.

It is not a point or order.

I think you are insisting on a rigid interpretation of precisely what the line in the Bill states.

Deputy Durkan, I am insisting now on your resuming your seat. If you interrupt again I will ask you to leave the house.

A Leas-Cheann Comhairle——

You hear what I said, Deputy Durkan. Resume your seat, please.

A Leas-Cheann Comhairle——

The Chair has had enough of this. Leave the House, please, Deputy Durkan.

(Deputy Durkan withdrew from the Chamber.)

That is too severe.

I need some direction on this. Section 1 is to repeal the 1934 Act. Surely, then, all of the 1934 Act can be discussed under this section.

Deputy, resume your seat and I will tell you the position. You know as well as I know that what you are endeavouring to articulate is incorrect. You must confine yourself to what is in the section.

Can one not confine oneself to the contents of the 1934 Act and enter into discussion of the entirety of that Act seeing that is the Act which is proposed to be repealed?

If the Deputy can be more familiar than others have been with the contents of that Act the Chair will listen to how relevant she is.

I am just wondering——

Please abide by the Chair.

I think it important that this section is not just taken as it stands. It is a technical section but there are the broader implications of the 1934 Act.

There is no broad implication of the technicalities. Please address yourself to what is in the section.

I must say the humour has changed remarkably in the past hours. You seemed to be much better rowing in the Department of the Marine than you are now ploughing in the Department of Agriculture and Food.

The Chair is not going to succumb to any mental massaging of this kind.

I asked two very relevant questions and I would like an answer. Is this a cost factor?

On the basis of a calculation in 1985 there would be an approximate saving of around £14,000. Let me say while I am on my feet that for Deputies on the other side of the House to ask me to start anticipating what legislation might be brought forward for the industry in the years down the road or after the advisory committee have made recommendations that changes should be made in particular areas is going too far. I cannot at this stage enter into the realms of anticipating what might happen in two, three or four years' time.

Question put and agreed to.
SECTION 2.
Question proposed: "That section 2 stand part of the Bill."

Sir, I assume your interpretation will be just as tight on the short title of the Bill, but on this section let me ask the Minister if he will still accept that the advisory body should have a look at this in the next couple of weeks before we go to Report Stage. I am trying to get an answer on that all day but I do not seem to be having any success.

This legislation came forward as a result of the recommendations of a subcommittee on the industry who were established in 1985. The recommendation came from that subcommittee and was accepted by the Minister for Agriculture of the day. That is how that Bill arrived on the Floor of his House. It cannot be said that the industry at that time did not have an input into the decision to introduce it. It had. The whole licensing arrangements have gone into decline. Applications for licences have declined dramatically. Effectively these arrangements have not been operated for a number of years and there is absolutely no demand to operate them again with any force.

There are many reasons that the demand has evaporated, principally that the level of profitability was very low. People did not see money in it and they were not involved. However, the Minister seems hellbent on keeping this Bill away from the new body. The Minister for Agriculture and Food has a great deal of expertise and I cannot understand his reluctance to refer the Bill back. It has nothing to do with the law. You cannot on the Floor of this House prevent from happening something that is going to happen anyway. However, I would like to be assured by this body that they believe what the Minister is doing is absolutely right. Is there any sort of niggling suspicion on that side of the House that they might not? Those people, drawn, as the report I have here says, from nine or ten various sectors of the horse industry, must be entitled to look at the Bill. I cannot understand why the Minister is backpeddling from that suggestion. There is nothing ulterior about it. It would seem to be the most normal thing in the world. I hope that when we come back here on Report Stage the Minister will be able to tell us that the board have examined the Bill. This, too, will give them a certain degree of importance. They are an advisory body and if they are not going to act in that capacity I do not know what they will be doing. We should know by the time we reach Report Stage what their views on this Bill are. I see this legislation meandering along, to quote the Leas-Cheann Comhairle. Obviously it is going to become law anyway with the consequent repeal of the 1934 Act. All I am asking is that the benefit of the wisdom of those 13 people, men and women, be brought to bear on the Bill. Their views would have no binding in the House or in law so this is not asking too much.

This section refers to the title. Is the Deputy suggesting it should have some other title?

Of all the Bills I ever saw coming into the House I never saw one more restrictive than this. No matter what way I turn I seem to be running against your ruling.

Deputy Connaughton will appreciate that this Bill differs from other legislation in so far as there is little other legislation where the sections consist of one line; and he knows, too, that on Committee Stage we are confined to what is in the section.

I am getting on the wrong side of you.

One line can have enormous consequences.

Can Deputy Connaughton indicate to me how, on Committee Stage discussion of the title of the Horse Breeding Act, 1985, he can refer to 13 people and matters of that kind? I do not think the House has the time nor the patience to listen to him. Deputy Connaughton cannot relate that to the title. We are discussing the short title to the Bill, the Horse Breeding Act, 1985, which repeals the earlier Act of 1934.

I bow to your ruling and the last thing I want to do is take up the time of the House, but the reason I relate all this to the short title of the Bill is that the senior Minister initiated this group. He announced them two or three days ago and I had thought it would be fair and reasonable to refer to them and that on Report Stage he would tell us what they said. The measure will go through anyway. Why is the Minister so afraid of it?

Deputy Connaughton is really drawing the long bow on this. He knows better than anybody else in this House that the proposal to repeal this Act was introduced in 1985. No compelling reason has emerged since that proposal was made nor since the Bill was published and circulated to warrant a change of mind in relation to it. The Deputy knows from his ministerial experience that if pressure is to build up to have a change of heart in relation to legislation it will soon manifest itself. That has not happened in relation to this Bill. There is a realisation within the industry that there is a need to proceed with it and get it through this House as quickly as possible. I appeal to Fine Gael, even if they have abandoned the Tallaght strategy, to accommodate us in the matter.

It is not so much the Tallaght strategy but this famous 13-man band here; the Minister does not think much of their expertise, that is what is wrong.

It looks as if he got his information from the horse's mouth.

I think Deputy Sheehan got information today that should have given him some joy.

Question put and agreed to.
Title agreed to.
Bill reported without amendment.

When is it proposed to take Report Stage?

We can take Report Stage at this point if there is agreement in the House.

I do not think it is wise or useful at this stage to take Report Stage for the reasons I have mentioned. It is obviously a matter for the Whips.

Deputy Connaughton is perfectly entitled to disagree to taking Report Stage now. Can we have an indication what day it might be taken?

It will be Tuesday next, subject to agreement.

Report Stage ordered for Tuesday, 28 November 1989.

As we are ahead of schedule may I ask the Minister of State to move that the House adjourn until 7 o'clock.

Sitting suspended at 6.40 p.m. and resumed at 7 p.m.
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