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Seanad Éireann debate -
Thursday, 23 Feb 1995

Vol. 142 No. 2

Adjournment Matters. - Wandering Horses.

I welcome the Minister to the House and I thank the Chair for allowing me an opportunity to raise this issue.

The Animals Act, 1985, was introduced after I became a member of my local council. We welcomed it at the time because we had a big problem with wandering animals in Limerick city, which I represent. However, I understand it has also been a problem in other urban areas.

The Act did help to some extent but it did not entirely solve the problem. Under the Act, the local authority could establish a pound, charge fines when animals were found wandering and had the power to take in animals wandering in public streets and parks. It also gave the Garda powers to assist the local authorities. The Act was introduced in 1985, but the problems have not disappeared. There is a need to strengthen the legislation in this area, specifically as it relates to urban areas. In many ways, the Act is designed to tackle problems that occur in rural areas where an animal will inadvertently break out of a field and end up on the public road. However, in urban areas the problem arises when owners do not have sufficient land or stabling to look after their animals. They can be asked where they keep their animals when they are returned to them but it is not an offence, for example, for a landowner to tell the local authority that the animals are kept in a certain place although that may not be the case. In effect, the law needs to be tightened to make it an offence to give wrong information in this area. Local authorities would then be sure that the owner has an appropriate place to keep the animal. That would be in the interests of the animal's welfare as well as the people in the area.

Wandering animals have caused accidents. They are a health hazard, particularly to those playing on sports pitches. Animals are frequently allowed to graze on pitches and teams of young people play on these same pitches later. Not only is there the threat of disease but, having a horse on a pitch, is a potential source of danger. I know of matches being called off because of damage done to playing pitches by animals.

There was some discussion in my local authority on this issue. Some of the suggestions made included the possibility of branding or notching wandering animals so they could be identified in the future. It was also suggested that there should be an obligation on anybody collecting an animal from a pound to show that they have sufficient land — the suggestion was one hectare per horse — and stabling facilities or have made suitable arrangements with a landowner for the animal. There should be a legal obligation to ensure there is no evasion on this issue and it should be established that there is a suitable place for the animal to be kept. There is a system of notching under the ewe premium scheme. Maybe a similar type of notching or tagging could be applied in these case.

Wandering animals are a major problem in Dublin and Waterford — I am not sure about other urban areas. We have a consistent problem in Limerick with animals owned by people with no land who allow them to wander mainly on to public pitches, river banks and roadways. This is a public nuisance, a health hazard and a danger. There is a need to strengthen the legislation in this area.

I did note in A Government of Renewal that there is a reference to the intention to deal with this problem. I would very much appreciate if we could see it addressed as soon as possible.

Acting Chairman

I am sure the Minister is well qualified to talk about football pitches.

And horses. I thank Senator O'Sullivan for raising this matter on the Adjournment. I also thank the Senator for the number of positive suggestions she made regarding the future action the Department might take.

I am aware that the problems caused by wandering horses in urban areas, and particularly in parts of Dublin, have increased significantly in recent years. I am also aware of the concern expressed by many Members of the Oireachtas, local authorities and the general public at the hazards posed by these animals, the threat to public safety and the damage being caused to property. I can readily sympathise, therefore, with the feelings of frustration which this topic has generated. There is also a welfare dimension to be considered, as many of these animals bear obvious signs of neglect and ill-treatment and are frequently subjected to serious abuse.

As regards the specific issue of cruelty to horses, I would point out that legislation already in place, the Protection of Animals Acts, 1911 and 1965, deals with cruelty to all animals, including horses. These Acts are the principal statutes governing cruelty to animals in this country. They are enforced by the Garda and provide for penalties in the form of fines or imprisonment as appropriate. Any person with information about abuse or cruelty to animals should contact the Garda in this matter. The House will be aware that an order was made last year which doubled the potential fine for cruelty from £500 to £1,000.

In relation to straying horses, the Animals Act, 1985, which was referred to by Senator O'Sullivan and is administered by the Department of Justice, includes provisions for increased powers for local authorities and the Garda to impound wandering horses together with increased fines for allowing horses to be turned loose and to wander on the public road. It also abolished the immunity of owners and occupiers of land adjoining the public road in relation to damage caused by their animals straying onto the public road.

Notwithstanding the foregoing, I accept that problems persist and we need to adopt additional measures to control horses in urban areas. I am pleased, therefore, that, as provided for in the programme, A Government of Renewal, I will be introducing legislation to seek to address the remaining difficulties. My Department has commenced consultations with a view to an early drafting of the necessary legislation. Issues such as the identification, registration, sale, grazing and stabling of such animals are among those which need to be addressed, as well as the questions of liability, penalties and related matters.

As the issues involved extend beyond the traditional role of my Department and impinge on other areas, I have been in touch with my counterparts in the Departments of Justice and the Environment with a view of expediting examination of all the issues involved and setting out proposals to deal with them. I will consider all relevant issues in this matter and I would welcome views and comments from interested parties on the topic to assist in completing the draft.

I am familiar with the problem Senator O'Sullivan is having in Limerick city — I pass through the city on my way to Dublin. There is a particular problem in Limerick as well as in Dublin. The level of wandering horses poses not only a threat to traffic but also to pedestrians. They do damage — I can see that for myself — to green and amenity areas, including football pitches. Now is the time to act on this matter. I will take the Senator's views on board and I am sure the Department will be consulting with the local authority before it brings in any legislation on the matter.

The Seanad adjourned at 3.50 p.m. until 2.30 p.m. on Wednesday, 1 March 1995.

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