I move amendment No. 16:
In page 18, between lines 38 and 39, to insert the following:
"29. —It shall be unlawful for any person to—
(a) hold any horse fair, sale or mart without the express permission of the local authority for that area,
(b) sell or buy any horse to or from a person under the age of 16 years,
(c) hold any sale of horses without the presence of a local authority veterinary surgeon or a surgeon approved by the local authority for the area,
(d) hold any horse sale, fair or mart without the presence of the Garda Síochána and the ISPCA.
(e) gallop any horse at such sale, fair or mart unless provision has been made for galloping in a suitably railed or fenced area,
(f) tie any horse to any moving vehicle,
(g) drive any horse before a moving motor vehicle,
(h) overload or overcrowd any horse in any moving vehicle,
(i) gallop any mare with foal at foot,
(j) buy or sell any foal under the age of 6 months without its dam or foster mother,
(k) buy or sell any horse without a proper identification mark or without its registration papers,
(l) use any spurs, sticks or goads while riding or driving any horse,
(m) permit more than one person to ride any horse at any one time,
(n) use bits made of wire, rope or twine,
(o) sell or buy any horse which is unfit or unsound, either through illness or injury without examination of the horse and consent of a veterinary surgeon,
(p) hold any horse fair, sale or mart, where there is not a supply of clean water and suitable drinking troughs,
(q) hold any horse fair, sale or mart on cobbled streets without provision of sawdust or other suitable anti-slip agent, or
(r) ride any unshod horse on any public road.".
This amendment was proposed on Committee Stage and the Minister of State undertook to examine the position. He appears to have done that. The Department's officials have indicated that what I sought to achieve in the amendment is already enshrined in legislation. However, this amendment probably goes further. When this matter was discussed on Second Stage and Committee Stage a number of Government backbenchers were overwhelmingly in favour of the amendment. In amendments Nos. 21 and 22 the Minister is given the power to amend by-laws of local authorities. Is it the case that the controls I was attempting to introduce are not in place and that local authorities do not have the power to enforce regulations such as this? If they had such power it would not be necessary for the Minister to propose amendments Nos. 21 and 22. If they do not have the power it would be better to go further than the Minister and introduce the various conditions outlined in my amendment. Perhaps my amendment duplicates what is already included in other legislation. Would the position be more secure if it was included?