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Seanad Éireann debate -
Wednesday, 5 Mar 1997

Vol. 150 No. 7

Adjournment Matters. - Control of Horses.

I presume it was not a coincidence that the Minister signed the regulations after I submitted my matter on the Adjournment. I welcome that move.

Many Dublin local authority members had meetings with the Minister prior to the drafting of the legislation. However, as a result of his discussions with local authority managers beforehand, he was aware of the extent of the problem of wandering horses in Dublin city and county. We assured him of our support when he introduced the legislation, regardless of the fact that we were in Opposition. I welcomed the broad thrust of the Bill but the delay in enacting it has caused concern in the communities. There was an expectation that, once the legislation was passed by both Houses of the Oireachtas, the problem would be immediately addressed. Yet, two months later not a single horse has been removed from the urban and suburban parts of Dublin in which they are kept by a huge number of young people. When the legislation was debated in the House, I said it would only be as effective as the finance provided for it and the strength of Garda support for local authorities in implementing its provisions. I hope the Minister will reassure me that the Bill will be as strong as necessary to protect animals which are subjected to cruelty and motorists and pedestrians from the possibility of accidents.

There is a need for the Minister to provide funding to support the proposed equine centre for Cherry Orchard in Ballyfermot, Dublin 10, and to remove the barriers to the commencement of this project. Balance is required in the approach to the problem of wandering horses and the phenomenon of urban cowboys. A huge number of young people in the Ballyfermot area own horses. They love their animals, which are their main interest in life at this stage. The community has made a number of submissions to the Government for funding to establish an equine centre.

They received much favourable comment and promises that the scheme would be taken seriously and funded. They understood it would be a pilot scheme in Dublin to address the issue of horses in urban areas. To date, they have not received a penny in funding and the land which was earmarked for the project is still derelict. In the Cherry Orchard estate and other areas of Ballyfermot, people have constructed stables in their back gardens. The Minister will agree that is unsuitable and not the way the project should be run. However, it is either that or leave many of the animals running wild.

The signal needs to be sent to owners of horses in urban areas that the local authorities and the Garda will come down heavily on those who abuse their animals by not feeding or watering them properly. However, genuine animal lovers should be told that there is more to the legislation than just removing and disposing of the animals if they are taken in three times. We should be sympathetic to this phenomenon in urban areas. The Cherry Orchard estate was identified as a suitable area for a project and the people there made submissions. They are awaiting Government approval and funding. If both aspects were taken together, it would be a positive way to approach the legislation. As the Minister has signed the regulations, I urge him to deal with the provision of an equine centre in Cherry Orchard.

I thank the Senator for raising this matter. However, there was no undue delay in enacting the legislation. I and two officials were assigned the task of formulating the Bill two years ago but there was no previous legislation to guide us or on which to model a new Bill. It was pioneering legislation; we were more or less given a blank sheet and asked to formulate a Bill. We established a group which carried out wide consultations. The Bill was introduced last June and passed by Christmas. If one considers the time it takes most Bills of this complexity to progress through both Houses, the legislation was passed in record time.

Since the Bill was passed, it was necessary to consider a system of identification. Recommendations were made by different groups about various forms of identification and it was necessary to closely examine what we thought would be the best system. We chose microchips as the best available modern technology in this area. The Show Jumping Association of Ireland uses it effectively for jumping ponies. It microchipped approximately 2,500 ponies and there were mistakes in only five cases which were due to human error. My Department has handled the process of implementation of this Bill efficiently and without undue delay. I signed the Control of Horses Act, 1996, (Commencement) Order, 1997 (S.I. No. 99 of 1997) on 3 March 1997. The order brings Part IV of the Act, dealing with penalties for those convicted of an offence of cruelty to animals, into operation from 5 March 1997, while the provisions of the Act dealing with horse control will come into operation on 18 March 1997. The recasting of the laws on cruelty to animals is a testament to the Government's vigorous attitude towards the issue of animal welfare. The penalties imposed in this area have been considerably increased.

I am currently arranging for the drafting of regulations under the Act in relation, inter alia, to the licensing and identification of horses. I expect these regulations to be in place by early April 1997.

I have been anxious to ensure that resources are available to assist local authorities in putting the Act into effect without delay. To this end, I made provision for the sum of £2 million in my Department's Estimates for 1997 for this specific purpose. In the past, when, for example, the Abattoirs Act was put in place, local authorities were asked to operate it without being provided with funding. However, my Department has put forward a framework of legislation through which local authorities and the Garda Síochána can operate effectively. We have also provided funding.

A commitment to introduce this legislation was made in "A Government of Renewal" and we have delivered on it. Previous Administrations expressed concern about wandering horses but did not take action. The Government has delivered the goods as part of the success of its programme.

As the allocation of the £2 million will be related to the severity of the horse problem at local level, I am currently completing a census of the incidence of wandering horses on a county-by-county basis. Precise allocations will be decided in due course by reference to the relative scale of the problem in each area and the measures to be taken by local authorities to implement the Act. The provision of funding for equine centres such as that at Cherry Orchard, Dublin 10, will be a matter for the local authorities. I agree with Senator McGennis that the Cherry Orchard project is very desirable but the Department is providing £2 million to local authorities for the implementation of the Act, which is concerned with control not development. It is the responsibility of local authorities, vocational education committees, FÁS and ADMs to make their contribution.

The Act provides for the making of by-laws by the local authorities for the control of horses. I hope they have such by-laws ready for immediate publication. I intend to write to local authorities to acquaint them with developments and, in particular, call upon them to initiate arrangements for the drafting of by-laws if they have not done so already.

I thank the Minister of State for his reply but I believe he is aware that it will be difficult to implement the legislation. In the past, under legislation then in place, the Garda Síochána and employees of local authorities faced serious problems with regard to their safety. I referred to the Ballyfermot project because, if they proceed in isolation, the rounding up of horses and the implementation of the Act may prove a recipe for a riot. Local authorities do not have the necessary funds to kick-start this project. The Minister of State pointed out that the ADMs or the partnerships may have a responsibility in this area. Will he inform me about any other area from which we might attract the funding required?

Senator McGennis is aware that £2 million is a substantial sum of money and local authorities should be able to use it to ensure the effectiveness of the legislation. I never stated that implementation would be easy and there will be resistance. I hope councillors who called for the introduction of the legislation will not lead such resistance.

The Minister of State is being provocative and I have been totally supportive of him.

I was not referring to the Senator. Projects such as those at Fettercairn and Cherry Orchard are desirable and should be encouraged and supported. However, we were given the task of bringing forward a framework of legislation under which local authorities and the Garda Síochána could operate effectively. They could not do so until now because they did not have the necessary legislative support. Other agencies, including local authorities, will hopefully provide support for projects such as those at Cherry Orchard and Fettercairn. I support the Senator's argument and I agree that it is important to develop such projects.

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