The Bill gives effect to a commitment in the Government of Renewal programme to introduce legislation to control wandering horses in urban areas. The commitment arises from an undesirable and mainly urban phenomenon which has been apparent for some time. The problem has now reached such a stage that it can no longer be ignored and must be the subject of resolute action without further delay. This Bill is the first necessary step in that regard.
Members are aware that straying horses are creating problems in many towns and cities, causing damage to property, traffic accidents and injury to persons, particularly children. Indeed, roads add to the topicality of the issue — with the construction of a major motorway on the perimeter of Dublin city in an area where there is a high concentration of uncontrolled horses, there is potential for horrendous carnage as a result of collisions between unattended horses and vehicles travelling at speed.
The primary purpose of the Bill is to ensure that horses are not a source of danger to life and limb. My concern is to secure a responsible, welfare-friendly maintenance and ownership of horses. I accept that horse ownership is part of the traditional fabric of city life and that it has the support and participation of a broad crosssection of people in urban communities. Horses have long been and remain a fact of economic life for many urban dwellers, including jarveys and carters. The Bill is a balanced approach to responsible horse ownership in an urban environment.
The issues involved in the proposed legislation transcend the traditional functions of the Department of Agriculture, Food and Forestry. Hence, when I was assigned special responsibility for progressing the legislation, I decided to set up a consultative committee consisting of representatives from my Department and from the Departments of Justice and the Environment, South Dublin County Council, Dublin Corporation and the Garda Síochána. I also embarked on a more general process of consultation and, as a result, I met a wide variety of bodies and individuals concerned about the topic of straying horses.
Representations and observations were received from a wide variety of interested parties, including other Departments, local authorities, public representatives, the Irish Society for the Prevention of Cruelty to Animals, the Dublin Society for the Prevention of Cruelty to Animals, MEAS, representatives of the travelling community, the Automobile Association, the Irish Farmers Association, the Dublin Horse Owners' Association, the Joint Animal Aid Committee and concerned individuals on the general issue of horse control.
A central point established by the consultative committee in regard to the problem of wandering horses was that, while the Animals Act, 1985, contained powers for local authorities and the Garda Síochána to impound any animal found wandering in a public place, these powers needed to be strengthened and supplemented by new legislation to deal with the current problem. This basic stance of the committee and the results of its general deliberations combined with the observations from the other interested parties resulted in this Bill. In addition, I had formal discussions on this issue with the Select Committee on Enterprise and Economic Strategy in April 1996. A number of useful suggestions were made during the meeting and I was glad to include them in the Bill.
In drafting the Bill I also took account of the Control of Horses Bill, which was introduced in 1990 by the Minister for Social Welfare, Deputy De Rossa, during Private Members' Business and also a Private Members' Bill introduced in March 1996 by Deputy Brendan Kenneally. The Bills were a most valuable source of ideas to me and my officials in drafting this legislation.
This is a reflection of the degree of consensus on the need for legislation to curtail the escalating problem of wandering horses in urban areas. It should be stated that nothing in this Bill should create obstacles to local authorities or others who might wish to make or support local arrangements or projects involving the enjoyment of horses by young people. I would argue that this legislation will in many respects provide a more stable and supportive environment in which such projects can be organised and responsible ownership of horses encouraged.
Central to the Bill is the identification of horses and their owners. In advance of the enactment of the Bill, I have set up a committee to advise on a preferred system of identification of horses. There are various forms of identification, such as freeze branding, hoof and lip tattooing and microchip implanting, which need to be examined to ensure that the identification regulations to be made under section 28 incorporate the optimum form of marking for the horses to be controlled. The identification system will operate in conjunction with the licensing requirement under section 18 to facilitate trace-back from horse to owner. With this preparatory work advanced before enactment of the Bill, I envisage minimum delays in introducing the necessary regulations.
I wish to refer to the monthly horse fair in Smithfield market. Calls have been made for its abolition and I have given full consideration to the matter. I have concluded that the issue is far too complex for treatment in a Bill of this type, which concentrates on effective control rather than sweeping legislative change. The general topic of markets in this country needs to receive the comprehensive attention of a body such as the Law Reform Commission before a decision is taken on the question of abolition.
My Department operates market legislation going back to the last century which is virtually defunct and, on the face of it, should be repealed. However, the point is that piecemeal abolition of such legislation or Smithfield market itself is not the way forward. At this juncture the priority is to run Smithfield on a fully regulated and supervised basis. That position, in conjunction with the ban on the sale of horses to minors under section 41, will largely deal with the adverse aspects of Smithfield. To assist local authorities with their management of marts and fairs, section 44 has been inserted to allow local authorities introduce by-laws for improved control and management of these events.
Judging by representations received and the Private Members' Bills, there is an expectation that the Bill should deal comprehensively with a range of detail in relation to the welfare of horses. I took the view that this is unnecessary and I decided that the penalty provisions of the Protection of Animals Act, 1911, should undergo major recasting to include penalties for conviction on indictment. Hence, section 46 of the Bill provides that the maximum penalties under section 1(1) of the Protection of Animals Act, 1911, will be, on summary conviction, a fine of £1,500 and/or six months imprisonment, and on conviction on indictment, a fine of £10,000 and/or two years imprisonment.
This provision seeks to address a limitation of the existing section 1(1) in that it contains only minor penalties on summary conviction. The table accompanying section 46 shows subsection (1) following insertion of the new penalties. I consider that the new provision is sufficient to deal with cases of cruelty to all animals, including horses. In proposing this new deterrence against acts of cruelty and in restating by table the relevant provisions of the Protection of Animals Act, 1911, I am putting horse owners and others on notice that any acts of cruelty against horses or indeed any animal will bring them face to face with the full rigours of a strengthened law of protection.
In response to the many representations received advocating disposal by the local authority of a horse where it has been seized repeatedly, I introduced section 39 of the Bill on Report Stage in the other House. This section provides for the disposal of a horse which has been detained on three or more occasions within a 12 month period where the horse is not under adequate control or is not identifiable. I believe this provision will encourage greater responsibility among horse owners and will deter ownership of a horse by negligent owners who are indifferent to the safety and wellbeing of the general public, motorists and indeed their own animals.
On Report Stage in the other House I also tabled an amendment inserting section 44 (2) (c) in response to a number of letters I received from people concerned about the potential nuisance of horses being kept by their neighbours. Those concerns were very clearly expressed in the correspondence I received and I accordingly requested the parliamentary draftsman to provide the legal formulation for what I had in mind. This will enable local authorities to specify how people should keep their horses so as not to cause a nuisance. It is a necessary amendment which will strengthen the effectiveness of the legislation.
The Bill includes provisions which will result in charges on the horse owning communities, mainly in urban areas. Section 22, for example, provides for the making of regulations by the Minister prescribing the fee payable for a horse licence. Section 11 makes provision for the fees to be paid for inspection of registers to be kept by the local authorities, and section 38 makes provision for by-laws laying down the fees to be paid to the local authorities by the owners or keepers of horses in respect of horses detained. Because of such fees, I considered it desirable to have the Oireachtas Joint Committee on Small Business and Services notified about the Bill as the committee would be understandably anxious to ensure that the legislation in its implementation did not adversely affect small business.
The Bill proposes that the costs to the Minister for Agriculture, Food and Forestry in the administration of the legislation shall be met, to the extent sanctioned by the Minister for Finance, out of money provided by the Oireachtas. While there are a number of financial provisions in the Bill, such as licence fees and fees for inspection of registers, whereby revenue will accrue to local authorities, this revenue may not be adequate to cover the costs of local authorities in employing additional staff and fully discharging their responsibilities under the legislation. For this reason the Bill provides that the Minister for Agriculture, Food and Forestry may, with the consent of the Minister for Finance, make grants towards the expenses of a local authority incurred under the legislation. The precise staffing and other resources required will be finalised between the Departments of Finance and Agriculture, Food and Forestry in the context of Estimate and budget discussions.
The central provision in the Bill for the control of wandering horses in mainly urban areas is the declaration, by means of local authority by-laws, of control areas where a horse may not be kept without a licence. These areas will be declared by by-laws made by the local authorities under section 17, which empowers a local authority to declare any area within its functional area to be a control area where horses must be controlled by licence in order to prevent them from causing annoyance, damage, injury or nuisance.
A particular advantage of control areas declared by by-law is that, where there is an intrusion of an urban horse problem into the nearby rural hinterland, the by-laws may extend the control provisions to the rural area. Another advantage is that the control provisions of the Bill may be introduced on a staged or a pilot basis whereby there can be a concentration of resources on local authorities where the horse problem is acute and whereby local authorities with a minimal horse problem may defer implementation. Provision is also included under section 17 for ministerial intervention if a local authority with a horse problem is not being assisted by an adjacent local authority where the problem straddles the functional areas of both local authorities.
Other key provisions are the issuing of licences to horse owners in control areas subject to compliance with conditions to be set out in by-laws, disqualification from keeping a horse or from obtaining a licence, a ban on the sale of horses to minors under the age of 16 years, the seizure, detention and disposal of stray, unlicensed or unidentifiable horses or horses causing a nuisance or posing a danger, criminal liability for injury or damage caused by horses, powers of enforcement for authorised persons and members of the Garda Síochána and powers of arrest and the issue of search warrants. Penalties on conviction of offences under the Bill are also provided.
I would now like to deal section by section with the other main provisions of the Bill. Section 2 contains definitions. The definition of disposal of a horse includes selling, giving away or destruction. A stray horse is defined as a horse apparently wandering at large, lost or unaccompanied, whether tethered or untethered, by any person apparently in charge of it in a public place or on any premises without the owner's or occupier's consent. Section 3 provides for the appointment of persons and specific organisations as authorised persons by the local authorities to exercise the functions conferred on them by the Act.
Section 4 empowers a member of the Garda Síochána to arrest without warrant persons suspected of having committed certain offences under the Act. These offences include failure to remove an unlicensed horse from a public place or a control area, failure to give name and address to an authorised person of the local authority or the Garda Síochána where the commission of an offence under the Act is suspected, failure to desist from dangerous use of a horse, from infringing by-laws relating to horse control and welfare, or from having a horse in an area from which it is excluded, obstruction of an authorised person of a local authority or a member of the Garda Síochána in the exercise of their duties, failure to adhere to by-laws relating to the control and welfare of horses and keeping, having or riding a horse in an exclusion area.
Section 6 provides that maximum penalties for offences under the Act, other than offences under section 43, will be a fine of £1,500 and/or six months imprisonment. For an offence under section 43 dealing with criminal liability the maximum penalties will be a fine of £1,500 and/or six months imprisonment on summary conviction and a fine of £10,000 and/or two years imprisonment on conviction on indictment. The summary fines are payable to the local authority which prosecuted the offence.
Section 7 provides that on conviction of certain offences, a person may, in addition to the penalty imposed, be disqualified from keeping a horse for such period as the court sees fit including a period equal to the life of the person concerned. Section 8 empowers the court to order the forfeiture of a horse to a local authority on conviction of an offence where the welfare of the animal so demands. The local authority may then seize and detain the horse as empowered by the court and dispose of it as it thinks fit.
Section 10 allows the imposition of an on the spot fine of £50, variable by ministerial regulation, for a range of offences under the legislation such as failure to licence a horse kept in a control area, failure to inform the local authority in relation to the disposal or change of ownership of a horse, failure to produce a horse licence for inspection by the local authority or the Garda Síochána, failure to remove an unlicensed horse from a public place or control area, failure to comply with by-laws and failure to keep a horse out of an exclusion area or to comply with a requirement of an authorised officer or member of the Garda Síochána that a horse be removed from an exclusion area.
Section 12 deals with regulations which may be made by the Minister. The Minister is empowered to make regulations prescribing the amount of the on the spot fine under section 10; persons exempt from the requirement to have a horse licence under section 19; and the means of identification of horses kept in control areas under section 28.
Section 18 provides that a horse owner who keeps a horse or has it kept for him in a control area must hold a horse licence granted by the local authority. It also provides that a nonowner cannot have control or charge of an unlicensed horse in a control area. Pound keepers and veterinary surgeons in the exercise of their services and other designated persons are exempted from the licensing requirement.
Section 12 exempts certain horses kept in control areas from the licensing requirement. Examples of such exempted horses are those kept by the local authority, the Garda Síochána or the Minister for Defence, horses being treated by a veterinary surgeon on premises other than the premises where the horses are kept, and foals kept with their dam or foster mother. It also provides for exemption, as specified in by-laws, for such occasions as equestrian sports events, agricultural shows, parades, etc.
Section 20 empowers a local authority to grant a horse licence to the owner of a horse entitling the owner to keep the horse in a control area. The licence shall be in respect of a particular horse specified in the licence. Provision is made for the amendment, revocation or suspension of the licence if the holder is in breach of the Act or the conditions of a licence or has already had a licence amended, revoked or suspended. The local authority may not grant a horse licence to certain categories including persons under 16 years of age or persons disqualified from keeping a horse under section 7. Local authorities may exchange information with one another about horse licences. A local authority may enter into arrangements with another local authority for the granting of horse licences.
Section 22 sets out the procedure for applying for a horse licence. The application shall be to the local authority and shall include the submission of a prescribed fee as specified by Ministerial regulation. An application unaccompanied by the fee shall be invalid. Section 23 sets out a procedure for appeals against a decision by a local authority to refuse to grant a horse licence or to amend, revoke or suspend a horse licence. Where the local authority notifies an applicant for a horse licence or a licence holder of such decision, the aggrieved person may make representations within 14 days of the notification. The applicant or holder may in turn appeal against such decision to the judge of the District Court. A decision of the District Court on an appeal shall be final save that, by leave of the court, an appeal from the decision shall lie to the High Court on a specified question of law.
Section 24 requires each local authority to maintain a register of horse licences granted by it. The register must contain information such as an identification reference and description of the horse; the name and address of the horse owner or, if the horse is kept by a person other than the owner, the name and address of the keeper and the place where the horse is kept. Section 25 requires that where the holder of a horse licence disposes of a horse he or she must notify the local authority about the disposal within 14 days of disposal and must surrender the licence to the authority. Where ownership of the horse has changed, the name and address of the new owner. where known, must be given to the local authority and the authority must record these particulars in the register maintained under section 24.
Section 26 provides that an authorised person of a local authority or a member of the Garda Síochána may request a person whom they suspect is the owner of a horse kept in a control area to state whether such owner has a licence for the horse. It is also provided that the authorised person or the Garda may request the holder of a licence to produce it for inspection within ten days of the request. Section 27 empowers an authorised person of a local authority or a member of the Garda Síochána to require a person in control or charge of an unlicensed or unexempted horse in a public place or control area to remove the horse immediately from the public place or control area. Section 28 empowers the Minister to make regulations for the identification of horses kept in control areas. Section 29 empowers an authorised person of a local authority or a member of the Garda Síochána to inspect and examine any horse. It is also a requirement of this section that the person in charge or control of the horse shall give the authorised person or the garda any reasonable assistance they may request for the purposes of the inspection or examination.
Section 30 obliges any person who keeps or has charge or control of a horse, or the owner or any person in charge of a premises where a horse is found, to give, when requested, the name and address, if known, of the owner of the horse to an authorised person of a local authority or a member of the Garda Síochána. Section 31 empowers an authorised person of a local authority or a member of the Garda Síochána to request their name and address from a person whom the authorised person or garda suspects is committing or has committed an offence. Section 32 provides that an authorised person of a local authority or a member of the Garda Síochána may direct a person to desist from offending against the provisions of section 43 or against by-laws made under section 44 or 45, that is, to desist from dangerous use of a horse, from infringing by-laws relating to horse control and welfare, or from having a horse in an area from which it is excluded.
Section 33 provides that where an authorised person of a local authority or a member of the Garda Síochána suspects that an offence is being committed or a horse is being ill-treated in any premises or vehicle, the authorised person or member may enter such premises or vehicle and may there or in any other place, and with the assistance of other persons or equipment, search for any horse or document and may take extracts or copies from the document. The authorised person or the garda may not enter a dwelling without a search warrant authorising such entry. Section 34 provides that a judge of the District Court may issue search warrants to a named member of the Garda Síochána to enter, if necessary by force, and within one month to exercise on the premises named in the warrant any of the powers conferred on a member of the Garda Síochána under the Act.
Section 35 makes it an offence to obstruct or impede the authorised person of a local authority or a member of the Garda Síochána in the exercise of their functions under the Act. Section 36 empowers an authorised person of a local authority or a member of the Garda Síochána to seize and detain any horse which the authorised person or member suspects to be a stray horse, a horse not under adequate control, a horse causing a nuisance or posing a danger to persons or property, a horse being kept in a control area without a licence, a horse not capable of being identified, or a horse being kept or ridden in an exclusion area. A person who without lawful authority removes a horse from a place of detention while it is being detained shall be guilty of an offence. Section 37 empowers the local authority in whose functional area the horse was found or the superintendent of the Garda Síochána to attach an identification mark or device to a horse which has been detained under section 36.
Section 38 empowers the local authority or the superintendent to continue to detain a horse for the purposes of court proceedings or for disposal by the local authority. By-laws made under this section in relation to a horse detained under section 36 may deal inter alia with the notices to be given or displayed in connection with the detention, the fees to be paid by the owner or keeper of the horse detained, and the disposal of the horse. If the owner or keeper of the horse is known, the disposal shall take place if he or she fails to pay fees, to produce a horse licence or to remove the horse from detention. The local authority or the superintendent are empowered to enter into any arrangements with any person, including a pound keeper, in respect of the acceptance, detention, disposal and destruction of horses detained under section 36.
Section 39 empowers a local authority or a Garda superintendent to dispose of a horse which has been detained on three or more occasions, where the horse has not been under adequate control. The section also provides the owner or keeper of the horse with a process of representation to the local authority or Garda superintendent and a right of appeal to a judge of the District Court. Section 40 requires every local authority to maintain a register of horses seized and detained in its functional area which come into its possession. Every superintendent is required to maintain a register of horses seized and detained by the Garda Síochána. The registers must contain particulars such as an identification reference, a description of the horse, the date of seizure and detention, the manner in which the horse is dealt with, the place of detention, and details of the person reclaiming the horse.
Section 41 makes it an offence to sell or attempt to sell a horse to a person under the age of 16 years. Section 42 is a necessary amendment of section 24 of the Protection of Animals (Amendment) Act, 1965, to obviate conflict between the prohibition against the sale of animals as pets to a person under the age of 12 years and section 41 of the present Bill. The table accompanying section 42 sets out the provision in section 24 of the Act of 1965 following insertion of the amendment. Section 43 attaches criminal liability to the owner, keeper or person in charge or control of a horse who wilfully or recklessly permits a horse to pose a danger to a person or property or to cause injury to a person or damage to property, or who wilfully or recklessly causes a horse to pose a danger to a person or property or to injure a person or damage property.
Section 44 empowers local authorities to make by-laws for the control and welfare of horses in the whole or part of its functional area. A local authority may specify the manner in which a horse is to be kept under control in a public or other place, including a market or fair, so as to prevent injury or nuisance; the manner in which a horse is to be kept in any place, including a market or fair; the measures to be taken by the owner or keeper of a horse to prevent a nuisance being caused to persons occupying any premises adjacent to or in the vicinity of the place where the horse is usually kept; the manner in which a horse is to be kept in any place, including a market or fair and the measures to be taken by the owner or keeper of a horse to prevent a nuisance being caused to persons occupying any premises adjacent to or in the vicinity of the place where the horse is usually kept.
Section 45 empowers a local authority to prohibit by by-law the driving, keeping or riding of a horse in an area where the horse is causing or is likely to cause a nuisance, injury or damage. An authorised officer of a local authority or a member of the Garda Síochána may require a person whom they suspect is contravening any by-law made under this section to remove the horse immediately from the area to which the prohibition applies.
These are the salient features of the Bill. I would like to avail of this opportunity to thank Members of Dáil Éireann and the organisations and individuals who contributed to its preparation. I already indicated that we engaged in a wide ranging consultation process in formulating the terms of the Bill. There is a broad consensus on what we are trying to achieve and I hope it will have the full support of the House.
Politicians from all parties made worthwhile contributions to the Bill. I listened carefully to them at all Stages and I was willing to take on board suggestions and proposals made. After Report Stage in the Dáil there was general acceptance that I was open to accepting advice on the Bill. We have put together comprehensive legislation on this technical subject. Much time has been put into this by my officials, the parliamentary draftsman and by members of the Opposition who tabled Private Members' Bills and gave advice during this process. I hope the same spirit of co-operation will be present in this House and that we will pass this Bill as soon as possible so we can implement it in the estates where there is a serious problem.
I will listen carefully to Members' contributions and will be prepared to consider favourably any constructive proposals which would improve the measures and which are appropriate to the legislation. I look forward to an open, comprehensive and constructive discussion on the Bill. I commend the Bill to the House.