asked the Minister for Justice when he will be in a position to introduce increased fines on the owners of wandering horses; and if he will arrange for a system of compensation for the owners of gardens and so on whose property has been damaged by wandering horses.
Ceisteanna—Questions. Oral Answers. - Wandering Horses.
33.
Prosecutions against persons who allow horses to wander on the public roads are usually brought under the Road Traffic Act, 1961, and any question of providing for increased penalties would be one for the Minister for Local Government.
I have no proposals in mind for a compensation system of the kind suggested by the Deputy but the question of civil liability for damage done by animals, which of course is a complex problem, will undoubtedly need consideration in due course.
Has the Minister any proposals for the introduction of legislation which might be appropriate to cater for this problem?
The legislation which is there at the moment is the Road Traffic Act which provides for severe penalties for wandering animals, those causing obstruction on the roads. So far as damage to private property is concerned, that is a complex matter because it involves the question of civil liability and is something which would need a lot of consideration. Indeed, it might be apt for the Law Reform Commission. With regard to wandering animals and the question of their impeding or obstructing the public highways, that is already provided for in the Road Traffic Act, 1961.
Would the Minister accept that the horse seems to enjoy the rights which came to him from Magna Carta times and prosecuting owners under the Act, to which he referred, is regarded with some doubt as to whether or not it is the correct one.
It would be a matter for the courts in any particular case to decide whether or not a prosecution is well brought. The Road Traffic Act, 1961 has been effective in bringing successful prosecutions for obstruction in respect of wandering horses. So far as the criminal element is concerned, it is dealt with there. As I said, the civil element is a more complex matter.
Would the Minister agree that the wandering horse enjoys a certain right of way at the moment under existing legislation?
I would not agree. If the wandering horse is an obstruction on the highway the owner is liable to be charged under the Road Traffic Acts.
It is difficult to prove that.
This is a question for the court to decide on the facts of that case.
The remaining questions will appear on the Order Paper for the next sitting day.