COMMITTEE FOR AGRICULTURE AND RURAL DEVELOPMENT
WELFARE OF ANIMALS BILL
MINUTES OF PROCEEDINGS
TUESDAY 30 NOVEMBER 2010
ROOM 30 PARLIAMENT BUILDINGS
Present:
Mr Stephen Moutray MLA (Chairperson)
Mr Roy Beggs MLA (Deputy Chairperson)
Mr Willie Clarke MLA Mr Pat Doherty MP 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)
Mrs Ashleigh Mitford (Assistant Clerk)
Mr Mark O’Hare (Clerical Supervisor)
Ms Dagmar Walgraeve (Clerical Officer)
Apologies: none
The meeting commenced at 10.37am in Public Session
1. Apologies As above
2. Minutes Agreed : The Committee agreed the minutes of the meeting of 23 November 2010.
3. Matters Arising The Committee noted correspondence issued since the meeting of 23 November 2010
The Committee noted correspondence received since the meeting of 23 November 2010
4. Formal Clause by Clause Scrutiny of the Welfare of Animals Bill Clause 1 - Animals to which this Act applies
10.40am Mr Gibson joined the meeting.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 1 as drafted.
Clause 2 - Protected animals
Clause 3 - Responsibility for animals
Clause 4 - Unnecessary suffering
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 2 to 4 inclusive as drafted.
Clause 5 - Prohibited procedures
The Chairperson briefed the Committee on this clause.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 5 subject to the amendment recommended by the Committee and agreed by the Department.
Clause 6 - Docking of dogs’ tails
The Chairperson briefed the Committee.
10.48am Mr Savage joined the meeting.
Agreed : Members agreed the policy surrounding the amendment that the Committee will propose.
Agreed: The Committee agreed that the Clerk liaise with the Bill Office in relation to its proposed amendment.
Agreed: The Committee agreed to defer scrutiny of the clause until the substantive amendment is available to the Committee.
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
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 7 to 11 inclusive as drafted.
Clause 12 - Licensing or registration of activities involving animals
The Chairperson briefed the Committee.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 12 as drafted.
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
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 13 to 15 inclusive as drafted.
Clause 16 - Codes of practice
The Chairperson briefed the Committee.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 16 as drafted.
Clause 17 – Powers in relation to animals in distress
The Chairperson briefed the Committee.
The following Departmental witnesses were asked to come to the table:
Colette McMaster -Grade 5 - Assistant Secretary (Director of Animal Health and Welfare Policy Division);
Kate Davey - Grade 7 - Principal Officer (Head of Welfare of Animals Bill Team);
Paddy McGuckian - Grade 7, Divisional Veterinary Officer (Enzootic Disease & Animal Welfare Division, Veterinary Service); and
Andrew Kell - DP - Deputy Principal (Welfare of Animals Bill Team).
The Department briefed the Committee.
Members put questions
10.57am Mr McCarthy left the meeting.
10.59am Mr Doherty left the meeting.
11.01am Mr Irwin joined the meeting.
11.07am Mr Beggs joined the meeting.
Mr Molloy declared an interest as a local government councillor.
11.29am Mr W Clarke left the meeting
Mr Beggs declared an interest as a local government councillor and family farming.
Mr Molloy proposed the following:
That the Committee defers decision on this clause and related clauses until such times as clarification is provided by the Department.
The Committee divided.
The Ayes : Mr Molloy
The Noes : Mr Moutray; Mr Beggs; Mr Irwin; Mr Gibson; Mr Savage
The proposal fell.
Question Put and Agreed:
That the Committee for Agriculture and Rural Development is content with Clause 17, subject, firstly, to the amendment recommended at Clause 45 by the Committee and agreed by the Department and, secondly, confirmation by the Minister that paragraph 45 (1) (b) will not be commenced for a period not less than 12 months.
Mr Molloy recorded his disagreement with this decision.
11.45am Mr Molloy left the meeting.
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
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 18 to 28 inclusive as drafted.
Clause 29 - Power of councils to prosecute offences
The Chairperson briefed the Committee.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 29, subject, firstly, to the amendment recommended at Clause 45 by the Committee and agreed by the Department and, secondly, confirmation by the Minister that paragraph 45 (1) (b) will not be commenced for a period not less than 12 months.
Clause 30 - Time limits for prosecutions
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clause 30 as drafted.
Clause 31 - Penalties
Clause 32 – Deprivation
Clause 33 – Disqualification
Members agreed to defer decision on these clauses as there are consequential amendments based on the Committee Amendment to Clause 6.
Clause 34 - Seizure of animals in connection with disqualification
Clause 35 - Clause 34: supplementary
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 34 and 35 as drafted.
Clause 36 - Destruction in the interests of the animal
Members agreed to defer decision on this clause.
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
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 37 to 40 as drafted.
Clause 41- Orders with respect to licences
Members agreed to defer decision on this clause.
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
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 42 to 44 inclusive as drafted.
Clause 45 - Inspectors
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with the amendment recommended at Clause 45 by the Committee and agreed by the Department and subject to confirmation by the Minister that paragraph 45 (1) (b) will not be commenced for a period not less than 12 months.
Clause 46 - Conditions for grant of warrant
Clause 47- Powers of entry, inspection and search: supplementary
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
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 46 to 54 inclusive as drafted.
Clause 55 - Regulations
Members agreed to defer consideration of this clause.
Mr Savage put a question to the Departmental officials.
Clause 56 - Interpretation
Clause 57 - Minor and consequential amendments and repeals
Clause 58 - Transitional provision
Clause 59 - Commencement
Clause 60 - Short Title
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Clauses 56 to 60 inclusive as drafted.
Schedule 1 - Procedures to which Clause 5 (prohibited procedures) does not apply
The Chairperson briefed the Committee.
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Schedule 1 subject to the amendment recommended by the Committee and agreed by the Department.
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Question Put and Agreed
That the Committee for Agriculture and Rural Development is content with Schedules 2 to 5 inclusive as drafted.
5. Date of the next meeting The next Committee meeting in relation to the Welfare of Animals Bill will be on Tuesday, 07 December in Room 30 at 10.30am.
The meeting was adjourned at 11.54am
Mr Stephen Moutray
Chairperson, Committee for Agriculture and Rural Development
23 November/ Menu |
