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COMMITTEE FOR AGRICULTURE AND RURAL DEVELOPMENT

WELFARE OF ANIMALS BILL EVIDENCE SESSION
MINUTES OF PROCEEDINGS


TUESDAY 19 OCTOBER 2010,
ROOM 30, PARLIAMENT BUILDINGS

Present:
Mr Stephen Moutray MLA (Chairperson)
Mr Roy Beggs MLA (Deputy Chairperson)
Mr PJ Bradley MLA
Mr Willie Clarke MLA
Mr Pat Doherty MLA
Mr Simpson Gibson MLA
Mr William Irwin MLA
Mr Kieran McCarthy MLA
Mr Francie Molloy MLA
Mr George Savage MLA

In attendance:
Mr Paul Carlisle (Clerk to the Committee)
Mr Mark O’Hare (Clerical Supervisor)
Ms Dagmar Walgraeve (Clerical Officer)
Ms Andrienne Magee (Clerical Officer)

Apologies:
Mr Trevor Clarke

The meeting commenced at 1:33 PM in Public Session

1. Apologies

As above

2. Minutes

Agreed : The Committee agreed the minutes of the meeting of 12 October 2010

3. Matters Arising

The Committee noted correspondence issued since the meeting of 12 October 2010

The Committee noted correspondence received since the meeting of 12 October 2010

1:34pm Mr Doherty joined the meeting

4. Presentation – Dogs Trust – Oral evidence in relation to the proposed Welfare of Animals Bill

The following representative joined the meeting at 1:35pm

Chris Laurence – Head of Veterinary Division

The representative presented to Committee in respect of the above. Following the presentation, Members put questions.

During questions

1:37pm Mr Bradley joined the meeting

1:39pm Mr Irwin joined the meeting

1:45pm Mr Molloy left the meeting

The representative left the meeting at 1:57pm

5. DARD : Clause by Clause Scrutiny of the proposed Welfare of Animals Bill

The following Departmental Officials joined the meeting at 1:58pm

Colette McMaster - Director of Animal Health and Welfare Policy Division

Kate Davey -  Head of Welfare of Animals Bill Team

Paddy McGuckian - Divisional Veterinary Officer

Andrew Kell -  Welfare of Animals Bill Team

Clause 1 – Animals to which this Act applies

Members put forward that the Department make this clause 1(3) subject to the Affirmative Resolution process in line with legislation in England and Scotland. The Department confirmed this.

Agreed: The Committee agreed to set this clause aside until the formal clause by clause scrutiny of the Bill.

Clause 2 – Protected animals
Clause 3 – Responsibility for animals
Clause 4 – Unnecessary suffering

Agreed: The Committee agreed to set these clauses aside until the formal clause by clause scrutiny of the Bill.

Clause 5- Prohibited procedures

The Department agreed to provide a list of permitted procedures to the Committee that it proposes to introduce through subordinate legislation, along with the proposed wording of this amendment.

Agreed: The Committee agreed to set this clause aside until the formal clause by clause scrutiny of the Bill.

Clause 6 – Docking of dogs’ tails

Members put questions on this clause to the Departmental officials.

Agreed: The Committee agreed that it would take further consideration on Clause 6.

Clause 7 - Administration of poisons etc
Clause 8 – Fighting etc
Clause 9 – Ensuring welfare of animals
Clause 10 - Improvement notices
Clause 11 - Regulations for securing welfare of animals

Agreed: The Committee agreed to set these clauses aside until the formal clause by clause scrutiny of the Bill.

2:05pm Mr Bradley left the meeting

2.06pm Mr Beggs joined the meeting

2.06pm Mr Bradley rejoined the meeting

Clause 12 - Licensing or registration of activities involving animals

Mr Clarke declared an interest

Members put questions on this clause to the Departmental officials.

Agreed: The Committee agreed that it would take further consideration on Clause 12.

Clause 13 - Prohibition on keeping of certain animals
Clause 14 - Abandonment
Clause 15 - Transfer of animals by way of sale or prize to persons under 16

Agreed: The Committee agreed to set these clauses aside until the formal clause by clause scrutiny of the Bill.

Clause 16 - Codes of practice

The Committee sought confirmation from the Department that any codes of practice will come before the Committee for scrutiny prior to being published. Departmental Officials confirmed this.

Agreed: The Committee agreed to set this clause aside until the formal clause by clause scrutiny of the Bill.

Clause 17 – Powers in relation to animals in distress

The following Members declared an interest;

Mr Beggs; Mr Moutray

2.17pm Mr McCarthy left the meeting

2.18pm Mr Bradley left the meeting

Members put questions on this clause to the Departmental officials.

Agreed: The Committee agreed that it would defer consideration on Clause 17 until it receives further clarity.

Clause 18 - Powers of entry for section 17 purposes
Clause 19 - Orders in relation to animals taken under section 17(5)
Clause 20 – Orders under section 19: appeals
Clause 21 – Seizure of animals involved in fighting offences
Clause 22 - Entry and search under warrant in connection with offences
Clause 23 - Inspection of records required to be kept by holder of licence
Clause 24 - Inspection in connection with licences
Clause 25 - Inspection in connection with registration
Clause 26 – Inspection of premises to check compliance with regulations made under section 13
Clause 27 - Inspection of farm premises
Clause 28 - Inspection relating to Community obligations

Agreed: The Committee agreed to set these clauses aside until the formal clause by clause scrutiny of the Bill.

Clause 29 - Power of councils to prosecute offences

Agreed: The Committee agreed that this clause should not be empowered until such times that the Department has consulted and agreed on the scope of the powers with Councils.

Clause 30: Time limits for prosecutions
Clause 31: Penalties

Agreed: The Committee agreed to set these clauses aside until the formal clause by clause scrutiny of the Bill.

Clause 32: Deprivation
Clause 33: Disqualification

Agreed: The Committee agreed that it would defer its consideration of these clauses.

Clause 34: Seizure of animals in connection with disqualification
Clause 35: Clause 34: supplementary
Clause 36: Destruction in the interests of the animal
Clause 37: Destruction of animals involved in fighting offences
Clause 38: Reimbursement of expenses relating to animals involved in

fighting offences

Clause 39: Forfeiture of equipment used in offences
Clause 40: Orders under section 32, 34, 36, 37 or 39: pending appeals
Clause 41: Orders with respect to licences
Clause 42: Termination of disqualification under clause 33 or 41
Clause 43: Orders made on conviction for reimbursement of expenses
Clause 44: Orders for reimbursement of expenses: right of appeal for

non-offenders

Agreed: The Committee agreed to set these clauses aside until the formal clause by clause scrutiny of the Bill.

Clause 45: Inspectors

Members put questions on this clause to the Departmental officials.

Agreed: The Committee agreed that it would defer consideration on Clause 45 until it receives further clarity.

Clause 46: Conditions for grant of warrant
Clause 47: Powers of entry, inspection and search: supplementary

2.30pm Mr Savage and Mr Doherty left the meeting

Agreed: The Committee agreed to set these clauses aside until the formal clause by clause scrutiny of the Bill.

Clause 48: Power to stop and detain vehicles
Clause 49: Power to detain vessels, etc
Clause 50: Obtaining of documents in connection with carrying out orders etc
Clause 51: Offences by bodies corporate
Clause 52: Scientific research
Clause 53: Hunting, coursing and fishing
Clause 54: Application to the Crown

Agreed: The Committee agreed to set these clauses aside until the formal clause by clause scrutiny of the Bill.

Clause 55: Regulations

The Department stated that this clause will be amended to reflect the change from negative to affirmative resolution.

Agreed: The Committee agreed to set this clause aside until the formal clause by clause scrutiny of the Bill.

Clause 56: Interpretation
Clause 57: Minor and consequential amendments and repeals
Clause 58: Transitional provision
Clause 59: Commencement
Clause 60: Short Title

Agreed: The Committee agreed to set these clauses aside until the formal clause by clause scrutiny of the Bill.

Schedule 1

The Departmental officials stated that this schedule will be removed in light of amendments being made around prohibited procedures.

Schedule 2

Agreed: The Committee agreed that it would defer consideration on schedule 2 until outstanding queries are resolved.

Schedule 3

Agreed: The Committee agreed to set this schedule aside until the formal clause by clause scrutiny of the Bill.

Schedule 4
Schedule 5

Agreed: The Committee agreed to set these schedules aside until the formal clause by clause scrutiny of the Bill.

6. Date of the next meeting

The next Committee meeting in relation to the Welfare of Animals Bill will be on Tuesday, 2 November in Room 30 at 1:30pm.

The meeting was adjourned at 2:36pm

Mr Stephen Moutray
Chairperson, Committee for Agriculture and Rural Development

12 October (Dog (Amendment) Bill Session) / Menu

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