COMMITTEE FOR AGRICULTURE AND RURAL DEVELOPMENT
DOGS (AMENDMENT) BILL
MINUTES OF PROCEEDINGS
TUESDAY 16 NOVEMBER 2010
ROOM 30 PARLIAMENT BUILDINGS
Present:
Mr Stephen Moutray MLA (Chairperson)
Mr Roy Beggs MLA (Deputy Chairperson)
Mr PJ Bradley MLA
Mr Trevor Clarke
Mr Willie Clarke MLA
Mr Pat Doherty MP MLA
Mr William Irwin MLA
Mr Francie Molloy MLA
Mr George Savage MLA
In attendance:
Mr Paul Carlisle (Clerk to the Committee)
Mrs Ashleigh Mitford (Assistant Clerk)
Mr Mark O’Hare (Clerical Supervisor)
Ms Dagmar Walgraeve (Clerical Officer)
Apologies:
Mr Kieran McCarthy MLA
The meeting commenced at 10.41am in Public Session
1. Apologies
As above
2. Minutes
Agreed : The Committee agreed the minutes of the meeting of 09 November 2010
3. Matters Arising
The Committee noted correspondence issued since the meeting of 09 November 2010.
The Committee noted correspondence received since the meeting of 09 November 2010.
The Clerk briefed the Committee.
4. Clause by Clause Consideration of the Dogs (Amendment) Bill
The following members declared interests as local government councillors:
Mr Moutray, Mr Beggs, Mr W Clarke, Mr Molloy, Mr Savage
The following Departmental officials joined the meeting
Colette McMaster - Director of Animal Health and Welfare Policy Division;
John Terrington - Head of Dog Control Bill Team;
Martin Mooney - Dog Control Bill Team.
Clause 2 – Microchipping
Members put questions on this clause to the Departmental officials.
During questions
10.47am Mr Irwin joined the meeting
11.06am Mr Clarke joined the meeting
11.12am Mr Doherty left the meeting
Agreed: The Committee agreed to seek Ministerial written confirmation that the commencement of Clause 2 will be delayed for twelve months. This will allow guidance and procedures to be put in place and regulations would be subject to committee scrutiny.
Mr. Molloy proposed the following:
That the Committee seeks to amend the bill to include one system of microchipping and not a dual system of microchipping and licensing
Question put
That this amendment be made.
The Committee divided. Ayes 2; Noes 6.
AYES
Mr Molloy, Mr Bradley
NOES
Mr Moutray, Mr Beggs, Mr Irwin Mr T Clarke, Mr W Clarke, Mr Savage,
The proposal fell
Mr T Clarke proposed the following
That this Committee is content with the Department’s proposal in relation to clause 2.
Question put
The Committee divided. Ayes 6; Noes 2.
AYES
Mr Moutray, Mr Beggs, Mr Irwin Mr T Clarke, Mr W Clarke, Mr Savage
NOES
Mr Molloy, Mr Bradley
Question put and agreed to.
5. Formal Clause by Clause Scrutiny of the Bill
Clause 1 - Exemptions
Agreed: The Clerk would write to the Department regarding exemptions
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 1 as drafted.
Clause 2 – Microchipping
Question Put and Agreed
That, subject to receipt of correspondence from the Minister confirming that the this clause will be deferred for 12 months from the date the Bill is enacted, the Committee for Agriculture and Rural Development is content with Clause 2 as drafted.
Mr Molloy and Mr Bradley opposed the agreement of the clause.
Clause 3 – Licensing of Dangerous Dogs
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 3 as drafted.
Clause 4 – Fees
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 4 as drafted.
Clause 5 – Contingent Destruction Orders where no prosecution
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 5 as drafted.
Clause 6 – Setting on or urging a dog to attack
The Chairperson reminded members that the Department has agreed that Article 28 (3) (b) (as introduced by clause 6, as well as a number of consequential articles in respect of broadly parallel or linked order-making powers under Articles 25(2) (f) and 33(3) (c) of the Dogs Order and a further consequential amendment of Article 54 of that Order) be subject to the affirmative process rather than the negative process.
In addition, the Department agreed to the extending of the restriction in respect of attacks on people, livestock and other dogs to include other domesticated animals.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with clause 6 subject to the amendment recommended by the Committee and agreed by the Department.
Clause 7 – Attack by dog on a person or another dog
The Chairperson confirmed that the Department agreed to the extending of the restriction in respect of attacks on people, livestock and other dogs to include other domesticated animals.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with clause 7 subject to the amendment recommended by the Committee and agreed by the Department.
Clause 8 – Control conditions on dog licenses
The chairperson confirmed that the department agreed that guidance be made available to and agreed with enforcement officers and their councils as soon as is possible. In addition, the Department has agreed to amend Article 30B (as introduced by Clause 8) to include educational/training courses as a control condition.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with clause 8 subject to the amendment recommended by the Committee and agreed by the Department.
Clause 9 - Contingent destruction orders on conviction
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 9 as drafted.
Clause 10 – Entry onto land to prevent or end an attack by dog on another dog
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 10 as drafted.
Clause 11 – Fixed penalty offences
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 11 as drafted.
Mr Molloy and Mr Bradley expressed their disagreement with the clause.
Clause 12 – Payment of fixed penalties
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 12 as drafted.
Clause 13 – Use of fixed penalty receipts of council
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 13 as drafted.
Clause 14 – Amount of fixed penalty
The Chairperson confirmed that the Department agreed that they should align the fee system with that contained in the Clean Neighborhoods and Environment Bill.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with clause 14 subject to the amendment recommended by the Committee and agreed by the Department.
Mr Molloy and Mr Bradley expressed their disagreement with the clause.
Clause 15 – Interpretation
Clause 16 – Minor and consequential amendments and appeals
Clause 17 – Commencement
Clause 18 – Short Title
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 15 - 18 as drafted.
Schedule 1 – Minor and Consequential Amendments
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Schedule 1 as drafted.
Long Title
That the Committee for Agriculture and Rural Development is content with the Long Title as drafted.
6. Date of the next meeting
The next Committee meeting in relation to the Dogs Bill will be on Tuesday, 23 November at 10.30 in room 30.
The meeting was adjourned 11.44AM
Mr Stephen Moutray
Chairperson, Committee for Agriculture and Rural Development
09 November 10 / Menu |
