Mr BAYLEY - A sensitive issue, minister, we all know that TT Line's been embroiled in controversy and legal proceedings regarding the 16 pony deaths that occurred in transit from Tasmania to Victoria in January 2018. What safeguards have been put in place now that were not in place at the time to give the public confidence around animal welfare and issues when it comes to transport on the ships?
Mr FERGUSON - I think Bernard would have other questions on other matters so I might invite the deputy chair to respond for Bernard.
Mr DWYER - You now know why we have someone on the legal side of things.
Mr BAYLEY - Right, understood.
Mr DWYER - Operationally, as we always have, we comply with what NRE requires us to do. Biosecurity Tasmania is the front of NRE. The only change that has been made is we check for double stalling of horses. That's the only change that has been made. That doesn't mean there are fewer horses in the trailer, that may just mean there's an extra barrier between horses. That's the only change that's really been made.
Mr BAYLEY - No extra staff or employees have been put on specifically on those sailings to check on the welfare of animals?
Mr DWYER - My crew are very good at that at any rate. There's been more of an emphasis put on the owner of those horses signing off that it is compliant with all regulations. Obviously, we keep an eye on everything below deck through the voyage through a certain number of watches.
Mr BAYLEY - There was a commitment made that owners could go below deck to check on the welfare of their animals or pets that are travelling. My understanding is that the Spirit's website still identifies that this is not allowed. Can you confirm what the status of that is?
Mr DWYER - That is actually against the rules and laws of SOLAS. As soon as the doors are locked on the vehicle deck, no-one is to go below but what we have made available and we've always made available is, if an owner needs to go down to supply medication or needs to go down and check on an animal that they know, they can make arrangements and they will be escorted on and off the deck to do that. So as a matter of course, no. No-one is allowed to be below deck but they are absolutely welcome to make arrangements.
Mr BAYLEY - They are able to make it happen. I am a little concerned. I heard in your first answer that you do and always have complied and yet there was court finding that the business was guilty in relation to some charges. I am trying to understand your opening statement on that issue.
Mr DWYER - What we've reacted to is what we were found guilty of, which is the double stalling. We have always said yes we needed to change it.
Mr BAYLEY - Right, specifically that issue.
Mr DWYER - Perhaps I will let deputy chair talk about the other charges that have progressed since you probably aware.
Mr BUGG - There were two categories of charge, one was what we would call a technical regulation charge, which was that the horses in both trailers on that day were double stalled. One trailer, there were no adverse effects to the horses because it was commercially built trailer, compliant with all the air access and what have you.
The one on which the fatalities happened was one which had been altered domestically and was non-compliant in terms of the intricate calculation of square meterage of air space or window space. The double stalling on all the evidence that was before the court had no adverse effect on the health or wellbeing of the horses.
We were found guilty of both categories of charge. Put the double stalling to one side we did not seriously contest that. We were contesting the allegation in the other category of charge, which was animal cruelty. We went through a lot to establish, as we believe we have now through the appeal court decision that has recently been handed down, that we are not guilty of the animal cruelty charge and we are in the process, and I won't go any further than that because it is still before the court, we are in the process of finalising that.
There is a legal technicality about the double stalling which I would love to bore you all with for a long time and I still think there is a reasonable argument about it but we have rested on our oars as far as that is concerned but the one that really troubled us was that it was being suggested that we in some way contributed to discomfort and harmed horses and the situation we are now at is that is not the case and we're comfortable as is the department with what we are doing to ensure the safety and wellbeing of the animals that we ship across the Strait.
Mr BAYLEY - In terms of expenditure on legal fees, can you give us an update - I think there has been media reports that there was in the order of $1 million spent on legal fees at one point - can you give us an update as to where it is at, at the moment?
Mr BUGG - I couldn't because it is still on the go and I have not been tempted to go back into practice as a result of what I have seen go out. It has cost the company a considerable amount of money and we are uncomfortable about that but this is not the forum to debate it.
Mr BAYLEY - Can I just take the opportunity that some constituents to us still raise concerns about the transport of their pets on the Spirits and access issues and so forth so can I just encourage you to take up the issue that people can be accompanied below decks to turn your minds to this a little further and take further action.
Mr DWYER - Certainly on our current vessels, but certainly on the new vessels. As soon as we make that public, I will come to your office and show you what we are doing. It is world class what we will be doing for pets.
Mr BAYLEY - And radically different to what has been done to date?
Mr DWYER - That is right.
Mr BAYLEY - That sounds very welcome.
Mr BUGG - The SOLAS is S-O-L-A-S, which is Safety of Lives at Sea, which is an international standard which we are compliant with but the problem is opening doors on vehicle decks whilst the vessel is under way
Mr BAYLEY - I understand and I don't advocate contravention of that.
