Dáil Éireann díospóireacht -
Tuesday, 7 Dec 1993

Vol. 436 No. 7

Written Answers. - Illegal Use of Clenbuterol.

Liz McManus

Ceist:

17 Ms McManus asked the Minister for Agriculture, Food and Forestry the number of seizures of angel dust made to date in 1993; the number of cattle or carcases found to be contaminated by angel dust; if he has satisfied himself that the legal powers available to his Department to deal with this problem are adequate, in view of recent court cases; and if he will make a statement on the matter.

Ivor Callely

Ceist:

180 Mr. Callely asked the Minister for Agriculture, Food and Forestry the position following the recent Supreme Court ruling with regard to angel dust; and if he will make a statement on the matter.

Minister for Agriculture, Food and Forestry (Mr. J. Walsh)

I propose to take Questions Nos. 17 and 180 together.

Three investigations, in the course of the year, have resulted in the seizure of angel dust. Summonses have issued in 10 other cases involving the use of Clenbuterol. In addition a further 7 such cases are being examined by my Department with a view to instituting proceedings.

A total of 207 live animals and 129 carcases were found to have been treated with Clenbuterol this year. All carcases have been condemned and legal proceedings are in train for the destruction of the live animals in order to ensure that they will not enter the human food chain.

Last April the High Court held, in a case concerning a challenge to the regulations controlling the use of veterinary medicinal products, that the regulations were invalid in so far as they purported to extend the period under the Petty Sessions (Ireland) Act during which legal proceedings may be instituted. This provision relied on section 3 of the European Communities Act, 1972, which the High Court found to be unconstitutional in so far as it provided for the amendment of statute law by Ministerial regulation in specified circumstances. That decision was appealed to the Supreme Court which has reversed the High Court decision. In so far as the veterinary medicines regulations are concerned, the effect of this decision means that cases which were suspended or in doubt pending the outcome of the Supreme Court appeal will now go ahead.

The Supreme Court decision has restored certainty into the whole area of secondary legislation implementing EC law. In so far as the application of measures to deal with the use of illegal growth promoters is concerned the action taken by my Department to meet our obligations has been vindicated.

Since 1 October, 1993, the illegal use of growth promoters is addressed under the Animal Remedies Act, 1993. This legislation, enacted by the Oireachtas, gives me extensive powers in relation to the availability and use of animal remedies. I am satisfied that the provisions of this legislation give adequate powers to tackle this problem effectively.