I move amendment No. 3:
In page 7, subsection (1), line 8, to delete "purpose" and substitute "purposes".
This is purely editorial on the advice of the parliamentary draftsman.
SECTION 3.
Amendment agreed to.
Question proposed: "That section 3, as amended, stand part of the Bill."
Does the DSPCA count as an authorised person under the legislation?
Yes, if the local authority designates them.
Is it open to them to do that?
It is.
Is it worth amending the legislation to make it clear that it is open to them to do it?
That scope is in the Bill to enable the local authority to do that, Deputy Kenneally has an amendment on that later but that will be my response. There is nothing to prevent the local authority from designating the ISPCA as an authorised group.
Question put and agreed to.
SECTION 4.
Amendments Nos. 19 and 28 are related to Amendment No. 4 and may be discussed together by agreement. Agreed.
I move amendment No. 4:
In page 7, line 29, to delete "section 27, 31, 32, 35, 43 or 44" and substitute "section 21, 27, 28 (3), 32, 35, 36, 42, 43 or 44".
This amendment extends the powers of arrest of the Garda. It strengthens the Bill.
Amendment agreed to.
Section 4, as amended, agreed to.
Section 5 and 6 agreed to.
NEW SECTION.
Amendment No. 5 proposes a new section and amendment No. 6 is an alternative. Both may be discussed together by agreement. Is that agreed? Agreed. Acceptance of amendment No. 5 involves the deletion of section 7.
I move amendment No. 5:
In page 8, before section 7, to insert the following new section:
"7—(1) A person who is convicted of an offence under section 42, 43 (3) and 44 (3) may in addition to the penalty imposed by the court under section 6 be disqualified from keeping, dealing in or having charge or control, directly or indirectly, of a horse for such period, including where appropriate for the life of the person, as the court sees fit.
(2) A person who has been disqualified under subsection (1) for a period exceeding 6 months may, at any time and from time to time after the expiration of 3 months from the beginning of the period of disqualification and before the expiration of that period, apply, to the court which made the order, for the removal of the disqualification, and that court, if it considers (having regard to all such matters which appear to it to be relevant, including the character of the applicant, his or her conduct after conviction and the nature of the offence) that circumstances exist which justify such a course, may, by order remove the disqualification as from a specified date not earlier than 6 months after the beginning of the period of disqualification.
(3) Where an application under subsection (2) is refused, a fresh application shall not be made within 6 months of the refusal.".
This amendment takes on board an amendment tabled by Deputy Kenneally containing a provision that, following repeated offences, a licence holder may be deprived of their licence for life, if the court sees fit. It is designed to improve and strengthen the Bill and is self-explanatory.
I tabled my amendment because various judges commented that the sentences they were obliged to hand down were too lenient. Comments were also made about the Dáil introducing specific legislation to deal with this problem. There are certain cases where a life ban should be imposed.
Amendment agreed to.
Amendment No. 6 not moved.
Section 7 deleted.