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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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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.pdf8/2/2019 Animal Health and Welfare Bill 2012 Digest
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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.pdf8/2/2019 Animal Health and Welfare Bill 2012 Digest
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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/8/2/2019 Animal Health and Welfare Bill 2012 Digest
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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:PDF8/2/2019 Animal Health and Welfare Bill 2012 Digest
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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.xls8/2/2019 Animal Health and Welfare Bill 2012 Digest
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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
http://www.irishstatutebook.ie/1930/en/act/pub/0016/index.html
Game Preservation Act 1930
http://www.irishstatutebook.ie/1930/en/act/pub/0011/index.html
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/Geo5/1-2/278/2/2019 Animal Health and Welfare Bill 2012 Digest
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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.pdf8/2/2019 Animal Health and Welfare Bill 2012 Digest
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Bills Digest Animal Health and Welfare Bill 2012
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.