Animal Health and Welfare Bill 2012 Digest

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Contents

Executive Summary 2

Introduction 2

Provisions of the Bill 4

Animal Health 5

Animal Welfare 6

Enforcement 14

Implications 20

References 22

Appendix 24

Animal Health & WelfareBill 2012Number 31 of 2012

2 May 2012

Summary

The Animal Health and Welfare Bill2012 will amend and consolidateprevious legislation in the area of animalhealth. It also aims to ensure that thewelfare of all animals, including non-farm animals, is properly protected.Penalties for offenders are increasedsignificantly.

The proposed legislation will alsoprovide for the consolidation of

responsibility for the welfare of allanimals (including non-farm animals)within the Department of Agriculture,Food and Marine.

Library & Research Service

Central Enquiry Desk: 618 4701/4702

No liability is accepted to any person arising out of any reliance on the contents of this paper. Nothing herein constitutesprofessional advice of any kind. This document provides a general summary of the policy background and explains the mainthemes of the proposed legislation. It is not intended to be either comprehensive or definitive. It has been prepared fordistribution to Members to aid them in their Parliamentary duties. Researchers are available to discuss the contents of these

papers with Members and their staff, but cannot enter into discussions with members of general public or external organisations.


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Bills Digest Animal Health and Welfare Bill 2012

2

Introduction

Executive Summary

The purpose of the Animal Health and Welfare Bill 2012is to amend and consolidate the

current law governing animal health and welfare. The Bill proposes to repeal current

legislation and replace it with a more modern and robust means of dealing with animal

cruelty and disease control and eradication. The primary themes of the Bill are:

Animal Welfare The Bill proposes to enhance the law in this area by setting out

greater powers of pre-emptive action backed up with stronger penalties for

infringements of the law, and

Animal Health and Biosecurity The Bill sets down rules aimed at preventing the

spread of disease and imposes a heavier duty of care on people who own animalsor who have possession of them

The Bill also amends the Animal Remedies Act 1993to empower the Minister for

Agriculture, Food and the Marine to pass Regulations. This is required following the

decision of the Supreme Court in Quinn v Ireland1.

This Bills Digest looks at the current law on animal protection and examines the main

provisions in the Bill which relate to animal welfare. An overview is provided of the

enforcement provisions and the increased penalties which will be imposed for offences ofcruelty.

The Programme for Government (2011) contains a commitment to amend and strengthen

legislation on animal cruelty and animal welfare2. A number of commitments had also

been made in the Programme for Government 2007 2012 in respect of the health and

1 [2007] 2 I.L.R.M. 1012 The Programme for Government 2011 may be accessed at the following link:http://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdf(Last accessed 26th April 2012)
http://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdfhttp://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdfhttp://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdfhttp://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdfhttp://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdf


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welfare of animals3. Many of these have been included in the Animal Health and Welfare

Bill 2012. Specifically, a commitment was made to enact legislation for the purposes of:

Updating the existing legislation; Ensuring that the welfare of animals is protected; Heavier penalties for offenders.

The two main themes of the Bill are distinct but related and focus mainly on animal healthand welfare. The Animal Health and Welfare Billproposes to repeal the Protection of

Animals Acts 1911 and 1965together with the Disease of Animals Acts 1966 - 2001 in

their entirety. Other enactments such as the Animal Remedies Act 1993will be amended

by the Bill. Within these two broader themes, the Bill contains provisions including the

following:

Animal health, primarily the prevention, control and eradication of animal diseases; Animal welfare issues including for a duty of care, prevention of unnecessary pain

and suffering for animals etc.; Animal health and welfare levies; Destruction and disposal of animals and animal products; Circumstances for compensation for animals lost and issues of insurance, valuation

and arbitration arrangements; Regulatory making provisions and the appointment of authorised officers, their

powers and functions; Provisions relating to offences and penalties;

The Bill also proposes to amend the Animal Remedies Act 1993following the judgment of

the Supreme Court in Quinn v Ireland4. In this case the Court held that Regulations made

under the 1993 Act had the same status as an Act of the Oireachtas. This means that theRegulations may only be amended by an Act and it is not currently possible to amend

them by way of secondary legislation. Section 76 of the Bill will address this issue by

extending the power of the Minister for Agriculture, Food and the Marine to make such

Regulations as are necessary to implement any Regulations made under the 1993 Act or

any measure of EU law.

In July 2009 Irelands application for official Brucellosis-free status was approved by the

EU5. Ireland does not yet have Bovine TB or Bovine Spongiform Encephalitis (BSE) free

status but in the case of the latter, has been certified by the World Organisation for Animal

3 The Programme for Government 2007 2012 may be accessed at the following link:http://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdf(Last accessed 26th April 2012)

4Ibidat n. 1 above

5http://www.rte.ie/news/2009/0701/farming.html (Last accessed 2nd May 2012)
http://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdfhttp://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdfhttp://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdfhttp://www.rte.ie/news/2009/0701/farming.htmlhttp://www.rte.ie/news/2009/0701/farming.htmlhttp://www.rte.ie/news/2009/0701/farming.htmlhttp://www.rte.ie/news/2009/0701/farming.htmlhttp://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdfhttp://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdf


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Provisions of the Bill

Health as having a controlled risk status6 These three bovine diseases caused

considerable human and animal health concerns in Ireland over the years and further

details on the diseases and their eradication programmes are outlined hereunder (see

Appendix 1 for a discussion of the three main bovine diseases in Ireland.

The Act will commence on such day(s) as may be appointed by the Minister for

Agriculture, Food and the Marine.

The Animal Health and Welfare Billproposes to repeal both these Acts along with the

Disease of Animals Acts 1966 - 2001 in their entirety. Two principal themes are evident

from the Bill, namely:

Animal health: Specifically the prevention, control and eradication of animal

diseases and providing the Minister with the powers to apply a range of controls to

deal with all existing or potential animal diseases and outbreaks and/or associated

risks; and

Animal welfare: To include for the provision of welfare protection for all animals,

the specification of a duty of care, the prevention of needless pain or unnecessarysuffering of animals as well as the abandonment of animals. The Bill also makes

animal mutilation (other than when necessary for the health and welfare of the

individual animal) a specific offence, specifies standards relating to the slaughtered

of animals and includes provisions relating to poisons.

The Minister is empowered by the provisions of Part 4 of the Bill to establish a Code of

Practice or to adopt a Code of Practice in order to give guidance on any aspect of the

implementation of the Bill. Once established or adopted, the provisions of the Code(s)

of Practice are not binding per sebut a person who has possession or control of an

animal must have due regard to the contents of the Code(s). The failure to have due

regard to the Code(s) of Practice is a matter which is admissible in evidence in cases

involving alleged breaches of the Act.

6 This status was granted in May 2011;http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/(Last accessed 2nd May 2012)
http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/


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Animal Health

Matters pertaining to the control of animal disease are currently governed by the Diseases

of Animals Acts 1966 2001, which the Bill proposes to repeal.

Control of Disease

Part 2 of the Bill deals with the prevention and control of disease in animals. These

diseases are listed in Schedule 2 of the Bill. The provisions of the Bill also apply to

disease agents. The term disease agent is defined in s. 2 of the Bill and effectively

means any organism which is capable of spreading or causing a disease to an animal or a

human being. The Bill empowers the Minister for Agriculture, Food and the Marine (the

Minister) to make an order which would apply the provisions of the Bill to any

disease/disease agent not listed in the Schedule7. The Minister is also empowered to

make an order declaring that the State or any part of the State is a disease eradication

area. The Minister may invoke this power where he considers that there is a disease

present in the area or that there is a risk that this will occur.

Section 8 of the Bill imposes an obligation on any person who has possession or control of

farm animal to take all necessary steps to ensure that the animal does not stray. Theobligation extends to making sure that all buildings, fences and other structures are

maintained in such a way as to reduce the danger that the animal will stray or that reduces

the likelihood that disease will spread.

Further offences are set out in Part 2 of the Bill which relate to the spread of disease and

in order to avoid conviction for these offences, a person will have to show that he took all

reasonable steps including any measures set down in animal health and welfare

regulations, to ensure that disease was not spread or that where disease was spread, that

this was minimised to the greatest extent possible. The penalties for these offences are set

out in s. 52 of the Bill which provides that a Class A fine may be imposed on summary

conviction. A Class A fine is one which does not exceed 5,0008.

7 Section 7 of the Bill8 Section 3 of the Fines Act 2010


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Animal Welfare

The current statutory framework dealing with animal health and welfare and diseases ofanimal are contained in Acts which have been in force for many decades. The Protection

of Animals Act 1911 has been the primary statute dealing with issues of animal safety for

over 100 years.

The provisions of the Bill in respect of animal welfare introduce significant changes to the

current law. At present, the law on animal welfare prohibits cruelty to animals but has no

real powers of prevention. This concept of pre-emptive action is one of the central tenets

of the Bill and will permit intervention in order to prevent cruelty and mistreatment ofanimals.

Part 3 of the Bill deals with animal welfare and will bring about a number of changes to the

current law. Section 11 imposes a positive duty on a person who has a protected animal

in his possession or control, to ensure that the health and welfare of the animal is

safeguarded. An animal must be bred or kept in accordance with established experience

and scientific knowledge. This is a higher order of protection than that which applies to

animals generally. A protected animal is one which is:

(a) Commonly kept for farming, recreational, domestic or sporting purposes on the

island of Ireland;

(b) When it is in the possession or under the control of a human being, whether

permanently or temporarily, or;

(c) Is not living in a wild state.

The term living in wild state is not defined in the Bill but does not appear to mean wildanimals. Rather, it would seem to mean any animal which is living otherwise than under

the control of man.

The definition, thus, covers a broad range of animals. Failure by a person to comply with

this duty of care is an offence. The owner of the animal will also be held liable even if he is

not the person in possession/control of the animal.


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Animal cruelty

Section 1 of the 1911 Act prohibited the mistreatment of animals. This was done by setting

out a number of offences of cruelty. The definition of cruelty was extended by the 1965

Act to include abandonment.

Section 12 of the Bill sets out a broadly defined offence of cruelty which includes the

infliction of any unnecessary suffering caused to an animal whether intentionally,

negligently, or recklessly. Cruelty may also be inflicted through direct physical abuse. The

prohibition on cruelty set out in s. 12 applies to all animals, not just those who fall within

the category of protected animal. The Bill defines animal as meaning a member of the

kingdom animalaeother than a human being. The general wording of s. 12(1) is

supplemented by more specific instances/examples of cruelty in s. 12(2)(a) and (b).

Examples include: beating, kicking, over-work, and mutilation. Where a person is

convicted of an offence of cruelty, the court may also order the person to contribute

financially towards the veterinary treatment and care of the animal. This is in addition to

any other penalty which may be imposed by the court.

What amounts to unnecessary suffering?

Both the 1911 and 1965 Acts made reference to the term unnecessary suffering but

neither statute provided any explicit definition for it.

Unnecessary suffering is defined in the Bill as being pain, distress or suffering (whether

physical or mental) that in its kind or degree, or in its object, or in the circumstances in

which it occurs, is unreasonable or unnecessary. In determining what constitutes

unnecessary suffering for the purposes of s. 12, a number of factors may be taken into

account. To assist in this, s. 12(5) sets out a non-exhaustive list of such factors. These

include:

(a) Whether the suffering caused to the animal could have been

avoided/reduced/terminated;

(b) Whether the suffering was caused as a result of complying with the provisions of

the Bill or any other enactment or any code of practice/regulations;

(c) Whether the suffering was caused for legitimate reasons such as the health/welfare

of the animal or the protection of a person/property/other animal;


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(d) The extent to which the conduct in question was a proportionate means by which to

achieve the purpose concerned;

(e) Whether the conduct was that of a competent and humane person.

This section does not set out a definitive list of behaviours that may establish whether

conduct amounted to cruelty and other actions may be taken into consideration.

The humane destruction in an appropriate manner, of an animal is expressly excluded

from the scope of s. 12. Also excluded are:

(a) Fishing;

(b) Lawful hunting of an animal unless the animal is released in an injured, mutilated,

or exhausted condition;

(c) Lawful hare-coursing unless the hare is hunted/coursed in a space from which it

has no reasonable chance of escape.

Effectively, this means that in the case of hunting/coursing, an offence of cruelty may be

committed in circumstances outlined in (b) and (c) above.

Further obligations are imposed by s.13 which requires that any person who has

possession of a protected animal must provide food and liquid nourishment that is

appropriate to the animal. Section 13 also prohibits a person from providing a protected

animal with food or liquid that does not satisfy the needs of the animal or which may cause

injury, disease or unnecessary suffering to the animal. The section is not contravened

where a person could not reasonably have known that the food/liquid could have caused

suffering to the animal or where the person could not have prevented the animal from

eating/drinking the food or liquid. Where the person in possession or control of the animal

is guilty of an offence under this section, the owner of the animal, if he is a different

person, will also be guilty of an offence unless he can establish that he took all reasonable

steps to ensure that the animal was fed appropriately. The Bill also extends the obligationto ensure the welfare of animals which are for sale9. The provision marks a departure from

the older legislation in that the 1911 Act imposed a positive duty to provide food/drink only

9 Section 21 of the Bill.


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in cases of animals which had been impounded. This duty was extended by the 1965 Act

to include animals which were kept for sale in pet shops.

Abandonment

Section 4 of the 1965 Act amended the 1911 Act by including abandonment into the

definition of cruelty. Section 14 of the Bill will make the abandonment of an animal a

specific offence distinct from the offence of cruelty.

A person who abandons an animal will nonetheless be responsible for it. The section also

prohibits a person from leaving an animal unattended in circumstances where adequate

provision for its welfare is not made. In the context of s. 14, there are a number of

considerations which may be looked at in order to determine whether adequate provision

has been made for the animals welfare. These include such matters as:

The type of animal concerned;

The age and health of the animal;

The length of time which the animal has been left unattended;

The reasonable requirements of the animal

Animal Fighting

Under s. 1 of the Protection of Animals Act 1911 animal fighting was included in the type of

conduct which could amount to an offence of cruelty. However, it was often difficult to

secure convictions for this offence. Section 15 of the Bill seeks to remedy this situation by

prohibiting the organisation of or participation in any performance involving:

(a) Wrestling with an animal or otherwise struggling with an animal;

(b) Dog-fighting;

(c) Cock-fighting;

(d) Animal baiting;

(e) Throwing or casting with ropes or other appliances any unbroken horse/untrained

bull;


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(f) Riding any animal which has been stimulated with the intention of making it buck;

(g) Any other activity that may cause unnecessary suffering to an animal and is

prohibited by regulations.

The section not only prohibits the actual fighting of animals as listed above, it also provides

that all ancillary activities which occur alongside fighting are offences. This means that

effectively any activity which is related to animal fighting is an offence for the purposes of

the Bill. This outlaws behaviour such as, keeping or in any way facilitating the provision of

animals for fighting purposes. It is an offence to record and animal fight or to place bets on

the outcome of a fight and the mere attendance at an animal fight is deemed a criminal

activity. A person who asserts that he attended an animal fight for investigative purposes

will have the burden of proving that this was the case. The Bill sets down a number of

factors which can be taken into consideration in determining whether a fight involving an

animal has taken place. These include:

A pattern of injuries or scars which are likely to have been incurred in the course of

a fight;

Finding equipment or drugs that would be commonly used in animal fighting on the

premises in which a fight is alleged to have taken place;

Physical evidence of fighting or recordings.

Mutilation

Section 5 of the 1965 Act prohibited the docking or nicking of horses unless it was required

in the opinion of a vet for the health of the horse. The Bill creates an offence of mutilation

which is much broader in scope.

Mutilation is deemed to be any procedure carried out on an animal which is not done in

accordance with animal health and welfare regulations is likely to be deemed as

mutilation under the Bill. The term mutilate is defined in s.16 and means:

to carry out an operation or procedure which involves interference with the

sensitive tissue or the bone structure of an animal.


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Mutilation includes, among other things, procedures such as docking or nicking the tail of a

bovine, canine or equine, removal of horns or antlers or firing an equine. The definition of

mutilation set out in the Bill is broad enough to cover many procedures including those

which are routinely carried out on farms. Section 16 sets out a general prohibition on these

procedures unless they are carried out in accordance with Regulations that the Minister is

empowered to establish or adopt. The procedures listed in s. 16 may be carried out if a

veterinary practitioner is satisfied that they are required for therapeutic reasons and are

done in the interests of the animals health and welfare. Any procedure carried out on an

animal which involves the animals sensitive tissue or bones, must be carried out with

appropriate anaesthetic or suitable pain-relief. For the purposes of s. 16, the following

definitions are relevant:

Docking is the removal of a bone or part of the bone from the tail;

Nicking is the severing of a tendon or muscle in the tail;

Firing is the application of a chemical or a heated iron or instrument to the

leg of an equine.

Laying of Poison

Under the 1911 Act, it was an offence to make poisonous grain or seed available or to

place poisonous material on the ground unless this was being done in order to destroy

rodents or other small vermin. It was a defence to show that reasonable care had been

taken to ensure that other animals or birds did not gain access to the poison. The 1965 Act

extended this permission to the use of poisonous gas in rabbit holes.

The issue of poison is updated significantly in the Bill, s. 18 of which provides a general

permission to lay poison provided that certain conditions are complied with. A person is not

permitted to poison a protected animal or a prescribed wild bird. The provisions of this Bill

do not replace any other statutory provisions governing the use of poison and are to be

read in conjunction with them, where necessary.

Under s. 18, the Minister may by order prescribe birds as wild birds for the purposes ofthe Bill and an order may also be made setting out the rules governing the use of

poisonous substances. In the absence of any definition in the Bill for the terms bird or

wild bird, these words should be given their ordinary meaning10.

10There is currently no statutory meaning for the term wild birds. The term was defined in s.1 ofthe Wild Birds Protection Act 1930which stated that the term means and includes all wild birds,


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The Bill obliges people to fulfil certain notification requirements before laying poison on

their land. Additionally, a notice must be erected and placed in a visible spot before the

poison is set. The purpose of this notice is to alert anyone to the fact that there is poison

on that particular piece of land. A person charged with an offence under s. 18 will have a

defence if he can establish that he set the poison to get rid of vermin and that he took all

reasonable steps to ensure that the suffering inflicted on the vermin was minimised and

that access to the poison by other animals was prevented as far as was possible.

Sale of Animals to Minors

The Protection of Animals (Amendment) Act 1965contained a number of provisions aimed

at regulating the sale of pet animals. Specifically, it was an offence to sell an animal as a

pet to a child younger than 12 years of age. The Bill amends this rule by providing that an

animal may not be sold to a minor who is apparently under the age of 16. This provision,

like its predecessor does not prohibit ownership of an animal by a child. It does, however,

render it an offence to sell an animal to a minor who appears to be under 16. The wording

here strongly suggests that the matter is left to the subjective view of the vendor. There is

no obligation placed upon a vendor to satisfy himself that the minor is over the age of 16.

This could lead to a situation where a person who is actually over the age of 16 could be

refused sale of an animal whilst a minor who is actually under the age of 16 but looks older

might be sold an animal as a pet and still be in compliance with the law.

Humane Destruction of an Animal

The Bill prohibits the killing of a protected animal unless this is done in accordance with

any EU law or animal health and welfare regulations. Certain limited circumstances are set

out in the Bill in which an animal may be killed on humane grounds if authorised officer, a

other than game birds within the meaning of the Game Preservation Act 1930. The term game birdwas defined in the Game Preservation Act 1930which provided that the term means and includespheasant, partridge, grouse, quail, landrail, plover, snipe, and woodcock and also mallard, teal,widgeon, and other species of wild duck, brent goose, barnacle goose, or other species of wildgoose. Both Acts have since been repealed by has since been repealed by the Wildlife Act 1976which states only that wild bird includes the unflown young of a wild bird. Council Directive2009/147/EC on the conservation of wild birds does not set down a definition of the term as suchbut asserts in Article 1 that the Directive relates to all species of naturally occurring birds in the wildstate in the European territory of the Member States to which the Treaty applies. A list of these birdspecies is appended to the Directive. The Directive may be accessed here:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDF(Last accessed 2nd May2012)
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDF


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vet or other person who is specified in animal health and welfare regulations takes the

view that:

(a) The animal is fatally injured;

(b) The animal is so severely injured or diseased or in such pain as to be necessary to

kill it to end its suffering;

(c) The killing of the animal is necessary or expedient to prevent further suffering to

the animal;

(d) The animal is a danger to life or property.

In these circumstances, it is permissible to kill the animal in such a way as to minimise the

amount of suffering caused. The Bill does not prohibit the killing of an animal by its owner

if circumstances are such as to warrant this on humane grounds. An authorised officer

who seizes and detains an animal may also kill an animal or cause it to be killed if he

considers it reasonable to do so. Powers are granted to authorised officers under s. 38 of

the Bill which permit them to seize and detain an animal in certain, specified

circumstances which will be outlined below in the section on Enforcement.

The 1911 Act permitted a police constable to summon a vet (if one resided within a

reasonable distance) for the purpose of dealing with an animal that was found in such a

diseased or injured state as to make it impossible to move it without causing cruelty. Ananimal was defined, for this purpose, as a horse, mule, ass, bull, sheep, sheep, goat, or

pig11. If the vet certified that the animal could not be saved, the Act empowered the police

constable to slaughter the animal forthwith or to cause the animal to be slaughtered. If the

animal could be moved without causing cruelty, then the constable was permitted to have

the animal moved. The consent of the owner was not required for any of these actions and

any expense reasonably incurred could be recouped from the owner of the animal.

The Act of 1965 amended this power by adding cats and dogs to the list of animals to

which the section applied. Section 11 of the Act of 1965 allowed a member of An Garda

Sochna to destroy a cat or dog found by him in a public place if the animal was fatally

11 The older legislation refers to animals such as bull, sheep, etc. These terms are stated to includeall types of that animal so that e.g. horse includes any mare, gelding, pony, foal, colt, filly, orstallion.


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Enforcement

injured or so badly injured that undue suffering would be caused if the Garda complied

with the requirement to call a vet.

The Bill amends these powers quite significantly by allowing an authorised officer to take

pre-emptive action in order to alleviate the suffering of a protected animal. Section 24 of

the Bill provides that if an authorised officer had reasonable grounds for believing that aprotected animal is injured, suffering or is acutely neglected/distressed, the officer may

take such steps as he considers necessary to reduce the suffering of the animal. In order

to do this, the officer may:

(a) Require the person who appears to be in possession or control of the animal to get

veterinary help for the animal or to provide suitable food/liquid/shelter for the

animal, or

(b) Seize and detain the animal and any dependent offspring. The power to seize anddetain animals in these circumstances is set out in s. 38 of the Bill.

The office may remove the animal(s) and take it/them to a place of safety. Where an

officer uses any power under this section without the knowledge of the person responsible

for the animal, he must inform that person as soon as possible. The costs incurred by

carrying out any action under this section may be recouped by the officer or the relevant

local authority or the Minister for Agriculture, Food and the Marine. These costs may also

be recouped by the deduction of the relevant sum from any monies owed by the Ministerto the person.

One of the most significant aspects of the Bill is the extent to which enforcement

provisions in the older legislation have been extended and amended. The 1911 Act

granted enforcement powers mainly to police constables and the courts. This was altered

in the 1965 Act where powers of enforcement were vested in An Garda Sochna and in

the Minister for Agriculture.

In addition to the powers of the Minister for Agriculture, Food and the Marine and the local

authorities, the Bill creates the category of official referred to as an authorised officer. An

authorised officer is defined in the Bill as:


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(a) A member of An Garda Sochna;

(b) An officer of Customs and Excise;

(c) A person appointed as an authorised officer by the Minister under s. 37 of the Bill.

Under s. 37, the Minister may appoint any person or group of persons as he considersappropriate to be authorised officers. Once appointed, these officers will be responsible for

enforcing the Bill and any relevant measure of EU law. The manager of a local authority is

given similar powers of appointment and may appoint a member or members of his own

local authority for the purpose of enforcing the Bill.

As well as being empowered to appoint authorised officers, the Minister may also, under s.

74 of the Bill, enter into service agreements with individuals for the purpose of carrying out

certain, limited functions under the Bill

12

. These delegate functions are limited and certainaspects of the Bill, such as prosecution functions, may not be the subject of a service

agreement under s. 74.

Functions of Authorised Officers

With the exception of those individuals who carry out functions under service agreements

entered into with the Minister, duly authorised officers are empowered under s. 38 of the

Bill to:

(a) Enter and inspect land and premises at any reasonable time if the officer has

reasonable grounds for believing that an animal, animal product or animal feed

is/has been present; that a record pertaining to an animal/animal product/feed is or

has been present or that any equipment of machinery connected with these is/has

been present;

(b) Examine any animal, animal product/feed, equipment, machinery or any other

thing;

(c) Requirethe name/address of the person in possession of the animal, etc;

12 Such functions might include animal testing.


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(d) Inspect a vehicle/vessel/aircraft or other container used in connection with an

animal or animal products/feed. The officer may also require that the person in

charge or control of any such vehicle or container does not move it;

(e) Require the production of records that may be in the possession or procurement

of the person whose land/premises/vehicle etc is being inspected. The officer maytakes copies of any such record;

(f) Set equipment for the purpose of capturing or restraining an animal, or

(g) Carry out suveys/programmes in relation to animal health, welfare or disease

surveillance.

In addition to these powers/functions, authorised officers may also require that a

person who has possession/control of an animal, allow the animal to be examined by avet or by the authorised officer.

If the officer has reasonable grounds for believing that an offence under the Bill is

being committed or has been committed or that there is a risk of disease, he may

exercise more extensive powers. His powers include the following:

(a) Search the land/premises/vehicle/container etc;

(b) Require the person in charge of a vehicle, vessel or other means of transportation

or machinery to refrain from moving it or to move it to a place where it can be

searched. The officer may also require that person to give information regarding

the vehicle;

(c) Take samples from an animal or any other source which he considers necessary;

(d) Seize and detain an animal or animal feed/product;

(e) Remove any books/equipment/machinery/documents and keep them for as long as

is necessary to fulfil his functions under the Bill.

The Bill requires that in order to enter premises without the occupiers consent, the officer

must have a warrant. The officer may also use reasonable force if he needs to, in order to

gain access to the land/premises.


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The powers of An Garda Sochna in terms of arresting a suspect without warrant,

entering premises and conducting searches are the same as for other offences. In the

context of this Bill, a Garda may arrest without warrant any person whom the Garda finds

committing or reasonably suspects of having committed an offence referred to in s.

36(4)(b) or with any offence referred to in s. 52(2)13.

Animal Welfare Notice

One of the novel features of the Bill is the power granted to authorised officers under s. 42

to issue an Animal Welfare Notice. These notices may be issued where the officer is of

the opinion that the requirements of the Bill are not being complied with or that a rule of EU

law is being broken. They may also be issued where the officer is of the view that an

animal or animal product is or may become affected by a disease or that the animal is

otherwise not being cared for properly and is in danger of suffering. The notice, which is

served on the owner of the animal or a person who appears to have possession/control of

an animal, must contain certain information and further information/requirements may be

included at the discretion of the authorised officer. The notice must:

(a) Require that the person on whom it is served carry out whatever actions are set out

in the notice;(b) Inform the person that he may appeal the notice to the District Court;(c) Inform the person that failure to comply with the terms of the notice is an offence

and that the penalties set out in s. 52 apply to it. In addition to these compulsory pieces of information, the notice may also contain such

other requirements as the authorised officer imposes. The Bill sets out a list of these

additional requirements which, in broad terms, are essentially standards of care which

must be complied with14 and the notice will also set out a time frame for compliance.

13 The offences referred to in ss. 36(4)(b) and 52(2) of the Bill are those which are punishable by aClass A fine and/or up to 6 months imprisonment on summary conviction or which attract a fine ofup to 250,000 and/or a term of up to 5 years imprisonment on conviction on indictment.14 For example: the notice might require that veterinary care must be provided, that the animal mustbe provided with sufficient amounts of appropriate nutrition and liquid or that alterations be made tothe building/premises used to house the animal. The full list is set out in s. 42(3)(a)-(q). The wordingof this sub-section does not include any general power to add further conditions. The list, therefore,appears to be exhaustive and as such, an amendment may be required to add it post-enactment,depending on the type of condition to be added.


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The notice is binding upon the person on whom it is served unless he has successfully

appealed the notice in the District Court under s. 43 of the Bill. In the period of time

between the serving of the notice and the outcome of the appeal, the person must

nonetheless comply with the terms of the order even if it is subsequently annulled. The

person is also prohibited from causing or allowing any other person to breach the

notice.

Penalties

The offences contained in the 1911 Act were punishable mainly by fines. A person

convicted of an offence of cruelty under s. 1 of the Act could be given maximum fine of

25. This could be accompanied by a term of up to 6 months impris onment with or without

hard labour. Other offences, such as unlawful use of a dog for the purpose of drawing a

cart or carriage, attracted a maximum fine of 2 for a f irst offence and up to 5 for

subsequent offences. In addition to these penalties, a court had the power to order that an

animal be destroyed or that the owner should be deprived of ownership. In cases where a

financial cost was incurred by the need to impound the animal, such costs could be

recovered from the owner as a civil debt.

The only substantial difference between the 1965 Act and its predecessor in the context of

penalties was that the maximum amounts were increased. In the case of an offence of

cruelty, the penalty set down in the 1965 Act was a maximum fine of 50 and/or a term of

up to 3 months imprisonment for a first or second offence. The penalty for a third orsubsequent offence was a maximum fine of 50 and/or a term of up to 6 months

imprisonment.

Section 52 of the Bill provides for much higher fines and custodial sentences as set out in

Table 2 below:

Table 1

Offence/Section Type of Proceedings Penalty

8(3), 12(7), 20(4), 22(2),

24(6), 27(4), 29(4), 42(11)

Summary Only Class A fine = 5,000

Maximum

10(6), 11(2), 12(3), 13(5), Summary or on Indictment Summary:Class A fine =


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14(4), 15(10), 16(4), 17(2)

19(6), 21(2), 23(5), 42(9),

43(7), 46, 58(8), 72(4)

5,000 Maximum and/or up

to 6 months imprisonment.

Indictment: Maximum fine

of 250,000 and/or up to 5

years imprisonment,

In addition to the penalties which may be imposed upon conviction, a range of ancillary or

secondary punishments may also be imposed. In summary, these are:

Disqualification If convicted of certain offences, a court may order that the

convicted person be disqualified under s. 58 of the Bill from owning or having any

interest in an animal or from working with animals. The duration of the

disqualification may be set by the court and may last for the rest of the convicted

persons life. This measure had been provided for in s. 3 of the 1911 Act and the

1965 Act made specific provision for disqualification from ownership of dogs. The

disqualification measure provided in s. 58 of the Bill is broader than the older

measures in that a person may be disqualified from more than just outright

ownership of an animal but also be disqualified from a range of other activities such

as working with animals, trading animals, handling, storing and distribution. A

person who the subject of a disqualification order may apply to the court after 3

months to have the order varied or lifted. The decision in this matter is one left the

discretion of the court. A person who breaches a disqualification order will be guiltyof an offence.

Seizure of Animals s. 59 of the Bill provides that where a court makes a

disqualification order and it is breached, the court may then order that all animals

in possession of the person be seized and detained. The court may also order that

the animals which have been seized may be sold, disposed of or destroyed. Where

animals seized in these circumstances are sold or otherwise disposed of, the

profits of the sale shall be paid to the prosecutor. The court will only make an orderunder s. 59 when it is satisfied that all reasonable measures have been taken to

notify the person and that he has been given the opportunity of putting his case

before the court.

Forfeiture The Bill provides for two types of forfeiture. Firstly, a conviction for

many of the offences set out in the Bill may give rise to an order directing that the


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Implications

person convicted of the offence forfeit any animal to which the offence relates. It

cannot be ordered in the absence of a conviction for one of the specified offences.

Secondly, s. 57 permits a court to make an order directing the forfeiture of various

items. Any equipment, animal products, animal feed or a vessel, vehicle, aircraft or

machinery which has come into the possession of the authorised officer may be

made subject to a forfeiture order if an application is made to the court by:

(a) The Minister;

(b) The local authority in which the offence is alleged to have taken place, or

(c) In the case of criminal proceedings for an offence under the Bill, the person

who brought those proceedings.

The court has discretion in this matter to grant the order if it is satisfied that anoffence has been committed, regardless of whether the person has been

convicted.

A Regulatory Impact Analysis (RIA) of an earlier draft of the Bill was provided to the

Library and Research and is available on request. The Department has not carried out a

RIA on this Bill. In the absence of a RIA, it is difficult to say for certain what, if any,

implications may arise from the Bill. However, the following may be relevant.

The Bill will provide for a more robust means of safeguarding animal health and safety in

Ireland by updating, modernising and consolidating the current law in this area. One of the

most noteworthy aspects of the Bill is the establishment of authorised officers who will be

empowered to act proactively in order to alleviate or even prevent animal suffering. These

officers will have the power to issue binding Animal Welfare Notices. This will have the

effect of reducing the number of prosecutions for animal cruelty. Where a Notice is notcomplied with or where a more serious offence is committed, the Bill sets out significantly

higher penalties than those currently in place. It is not clear whether the authorised officers

appointed under the Bill will be new recruits to the public sector or whether these functions

will be carried out by existing staff.


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The Bill, with its focus on disease control and prevention should also result in reduced

incidences of disease. While at present, compensation is available for farmers whose

livestock must be destroyed due to illness, the reduction in the prevalence of disease as a

result of the measures contained in the Bill should result in a reduced need for these

compensatory payments. This could result in a downstream benefit to all farmers and to

consumers, domestic and foreign, as Ireland further develops its reputation as an exporter

of disease-free animals and meat.

The Bill does not deal directly with issues such as fox hunting or fur farming. A lawfully

held hunt, including a fox hunt, will not give rise to any prosecution in and of itself. The Bill

does provide, however, that even lawfully held hunting and coursing events may fall foul of

the law if carried out in circumstances which breach the provisions of the Bill. The Bill

states that this might occur where an animal is hunted whilst it is injured, mutilated or

exhausted or in the case of coursing, where the hare has no reasonable chance ofescape. The Bill does not give any guidance on what might be reasonable in these

circumstances.

In relation to fur farming , a Regulatory Impact Analysis conducted on an earlier draft of

the Bill states that the issue of fur farming was initially to be phased out by the non-

renewal of licences it was noted that a decision was subsequently taken to introduce a ban

on fur farming. The clearest and most legally/constitutionally safe way of doing this was

deemed to be by means of primary legislation. Bunreacht na hireann protects the right to

hold personal property and also the right to earn a livelihood and in these circumstances,

an outright ban on fur farming would have to be justified by reference to these

constitutional protections.

A review of fur farming has been conducted by a Review Group in the Department of

Agriculture, Food and the Marine. The Report of the Review Group was submitted to the

Minister for his consideration in late April 2012.

While the Bill is silent on issues surrounding the breeding of animals, such matters may be

included in any Code of Practice that may be established or adopted by the Minister under

s. 25 of the Bill, as referred to above at p. 10.

A Consultation Process on an earlier draft of the Bill was conducted in 2008. Submissions

were invited and almost 100 groups and organisations responded. A list of these groups is

availablehere. However, the submissions made by these groups do not appear to be
http://www.agriculture.gov.ie/media/migration/animalhealthwelfare/AHWBillSubmissionsbyOrganisationsonly.xlshttp://www.agriculture.gov.ie/media/migration/animalhealthwelfare/AHWBillSubmissionsbyOrganisationsonly.xlshttp://www.agriculture.gov.ie/media/migration/animalhealthwelfare/AHWBillSubmissionsbyOrganisationsonly.xlshttp://www.agriculture.gov.ie/media/migration/animalhealthwelfare/AHWBillSubmissionsbyOrganisationsonly.xls


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References

available. A Bills Digest on the Veterinary Practice (Amendment) Bill 2011 was published

by the Library and Research Service in July 2011. The issues discussed in that Digest

may be useful in the context of this Bill15.

Protection of Animals Acts 1911http://www.legislation.gov.uk/ukpga/Geo5/1-2/27

Protection of Animals (Amendment) Act 1965

http://www.irishstatutebook.ie/1965/en/act/pub/0010/index.html

Animal Remedies Act 1993http://www.irishstatutebook.ie/1993/en/act/pub/0023/index.html

Fines Act 2010http://www.irishstatutebook.ie/2010/en/act/pub/0008/index.html

Wild Birds Protection Act 1930


Game Preservation Act 1930


Wildlife Act 1976http://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html

Directive 2009/147/EEC on the conservation of wild birdshttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDF

Council Directive 64/432/EEC on animal health problems affecting intra-Community tradein bovine animals and swinehttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31964L0432:EN:NOT

Quinn v Ireland (No 2)[2007] 2 I.L.R.M. 101 and [2007] IESC 16http://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fd572f3917dc2b39802572ad003ac08b?OpenDocument

Good, M. (2006) Bovine tuberculosis eradication in IrelandIrish Veterinary Journal Vol59(3) March 2006Programme for Government 2011

15 The Digest is available on the Library and Research intranet page or by clicking on the followinglink: http://vhlms-a01/AWData/Library2/BillsDigestVetPracticeBill2011_175505.pdf (Last accessed2nd May 2012)
http://www.legislation.gov.uk/ukpga/Geo5/1-2/27http://www.legislation.gov.uk/ukpga/Geo5/1-2/27http://www.legislation.gov.uk/ukpga/Geo5/1-2/27http://www.irishstatutebook.ie/1965/en/act/pub/0010/index.htmlhttp://www.irishstatutebook.ie/1965/en/act/pub/0010/index.htmlhttp://www.irishstatutebook.ie/1993/en/act/pub/0023/index.htmlhttp://www.irishstatutebook.ie/1993/en/act/pub/0023/index.htmlhttp://www.irishstatutebook.ie/1993/en/act/pub/0023/index.htmlhttp://www.irishstatutebook.ie/2010/en/act/pub/0008/index.htmlhttp://www.irishstatutebook.ie/2010/en/act/pub/0008/index.htmlhttp://www.irishstatutebook.ie/2010/en/act/pub/0008/index.htmlhttp://www.irishstatutebook.ie/1930/en/act/pub/0016/index.htmlhttp://www.irishstatutebook.ie/1930/en/act/pub/0016/index.htmlhttp://www.irishstatutebook.ie/1930/en/act/pub/0011/index.htmlhttp://www.irishstatutebook.ie/1930/en/act/pub/0011/index.htmlhttp://www.irishstatutebook.ie/1976/en/act/pub/0039/index.htmlhttp://www.irishstatutebook.ie/1976/en/act/pub/0039/index.htmlhttp://www.irishstatutebook.ie/1976/en/act/pub/0039/index.htmlhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDFhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31964L0432:EN:NOThttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31964L0432:EN:NOThttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31964L0432:EN:NOThttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31964L0432:EN:NOThttp://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fd572f3917dc2b39802572ad003ac08b?OpenDocumenthttp://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fd572f3917dc2b39802572ad003ac08b?OpenDocumenthttp://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fd572f3917dc2b39802572ad003ac08b?OpenDocumenthttp://vhlms-a01/AWData/Library2/BillsDigestVetPracticeBill2011_175505.pdfhttp://vhlms-a01/AWData/Library2/BillsDigestVetPracticeBill2011_175505.pdfhttp://vhlms-a01/AWData/Library2/BillsDigestVetPracticeBill2011_175505.pdfhttp://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fd572f3917dc2b39802572ad003ac08b?OpenDocumenthttp://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fd572f3917dc2b39802572ad003ac08b?OpenDocumenthttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31964L0432:EN:NOThttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31964L0432:EN:NOThttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDFhttp://www.irishstatutebook.ie/1976/en/act/pub/0039/index.htmlhttp://www.irishstatutebook.ie/1930/en/act/pub/0011/index.htmlhttp://www.irishstatutebook.ie/1930/en/act/pub/0016/index.htmlhttp://www.irishstatutebook.ie/2010/en/act/pub/0008/index.htmlhttp://www.irishstatutebook.ie/1993/en/act/pub/0023/index.htmlhttp://www.irishstatutebook.ie/1965/en/act/pub/0010/index.htmlhttp://www.legislation.gov.uk/ukpga/Geo5/1-2/27


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http://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdf

Programme for Government 2007 2012http://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdf

Ireland Free of Brucellosis (RT News, 1st July 2009)http://www.rte.ie/news/2009/0701/farming.html

World Organisation for Animal Healthhttp://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/

Department of Agriculture, Food and the Marine: Bovine TB statistics for the years 2005 2011http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/statistics/tbstats/

Department of Agriculture, Food and the Marine: TB and Brucellosis EradicationSchemes:http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/diseaseeradicationpolicy/diseaseeradicationschemes/

Department of Agriculture, Food and the Marine:http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/whatisbovinebrucellosis/

Department of Agriculture, Food and the Marine: Current Status of BSE in Ireland:

http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bsemadcowdisease/aboutbseinireland/

Irish Farmers Association (IFA):http://www.ifa.ie/CrossSectors/AnimalHealth/TB.aspx

Library and Research Service (2011) Bills Digest on the Veterinary Practice (Amendment)Bill 2011:http://vhlms-a01/AWData/Library2/BillsDigestVetPracticeBill2011_175505.pdf
http://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdfhttp://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdfhttp://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdfhttp://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdfhttp://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdfhttp://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdfhttp://www.rte.ie/news/2009/0701/farming.htmlhttp://www.rte.ie/news/2009/0701/farming.htmlhttp://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/statistics/tbstats/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/statistics/tbstats/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/statistics/tbstats/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/diseaseeradicationpolicy/diseaseeradicationschemes/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/diseaseeradicationpolicy/diseaseeradicationschemes/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/diseaseeradicationpolicy/diseaseeradicationschemes/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/diseaseeradicationpolicy/diseaseeradicationschemes/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/whatisbovinebrucellosis/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/whatisbovinebrucellosis/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/whatisbovinebrucellosis/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bsemadcowdisease/aboutbseinireland/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bsemadcowdisease/aboutbseinireland/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bsemadcowdisease/aboutbseinireland/http://www.ifa.ie/CrossSectors/AnimalHealth/TB.aspxhttp://www.ifa.ie/CrossSectors/AnimalHealth/TB.aspxhttp://www.ifa.ie/CrossSectors/AnimalHealth/TB.aspxhttp://vhlms-a01/AWData/Library2/BillsDigestVetPracticeBill2011_175505.pdfhttp://vhlms-a01/AWData/Library2/BillsDigestVetPracticeBill2011_175505.pdfhttp://vhlms-a01/AWData/Library2/BillsDigestVetPracticeBill2011_175505.pdfhttp://vhlms-a01/AWData/Library2/BillsDigestVetPracticeBill2011_175505.pdfhttp://www.ifa.ie/CrossSectors/AnimalHealth/TB.aspxhttp://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bsemadcowdisease/aboutbseinireland/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bsemadcowdisease/aboutbseinireland/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/whatisbovinebrucellosis/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/whatisbovinebrucellosis/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/diseaseeradicationpolicy/diseaseeradicationschemes/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/diseaseeradicationpolicy/diseaseeradicationschemes/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/statistics/tbstats/http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovinetbbrucellosiseradicationschemes/statistics/tbstats/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.oie.int/animal-health-in-the-world/official-disease-status/bse/list-of-bse-risk-status/http://www.rte.ie/news/2009/0701/farming.htmlhttp://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdfhttp://www.taoiseach.ie/eng/Publications/Publications_Archive/Publications_2007/Eng_Prog_for_Gov.pdfhttp://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdfhttp://www.taoiseach.gov.ie/eng/Publications/Publications_2011/Programme_for_Government_2011.pdf


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Appendix 1: Selected bovine diseases

Bovine tuberculosis (BTB): This is a disease of cattle which is highly infectious and

which may be transferred to other animals and to humans. There has been a national

bovine tuberculosis eradication scheme in Ireland since 1954. Initially a voluntary scheme,

it became compulsory in 1957. Initial progress was rapid, but subsequently stalled despite

the implementation of each of the accepted elements of disease control although disease

prevalence remained low. It was concluded that the wild badger (Meles meles) population

was a key constraint to progress. Badgers in Ireland are hosts for BTB and co-habit with

cattle as they tend to live in hedgerows and other areas where cattle graze. By the

implementation of eradication programmes and compliance with EU law measures,

notably EU Directive 64./432/EEC (as amended), BTB occurs far less frequently than

previously and is no longer regarded as a disease of significant importance to humans .

Bovine brucellosis: Brucellosis is a disease affecting bovines. It is contagious and may

be transmitted to humans in unpasteurised milk. Ireland secured Official Brucellosis-free

status in July 2009 but testing still continues albeit in narrower circumstances than had

previously been the case. These changes have been in effect since September 2009 and

essentially raise the age thresholds of cattle that have to be presented for testing and

increase the time within with cattle must be tested if they are being moved around .

Bovine spongiform encephalitis (BSE) : BSE or mad cow disease is the bovine form of

variant Creutzfeldt-Jakob disease (vCJD) which humans can contract from eating infected

meat. The same disease, when it occurs in sheep is called Scrapie. Up to and during the

1980s bovines were fed meat and bone meal (MBM), a feed which contained scrapie-

infected sheep products which led to infection of the cattle and their developing BSE. The

incidence of BSE in Ireland has fallen sharply from a high of 333 cases in 2002 to 3 in

2011, an increase of one from the previous year.

Animal Health and Welfare Bill 2012 Digest

Documents

Transcript of Animal Health and Welfare Bill 2012 Digest