I move amendment No. 28:
In page 18, between lines 3 and 4, to insert the following subsection:
"(3) A person who forges or fraudulently alters or interferes with any mark, device or other thing used for identification in respect of a horse under regulations made under this section shall be guilty of an offence.".
I move amendment No. 29:
In page 18, before section 29, but in Part III, to insert the following new section:
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 any person under the age of 18 years,
(c) hold any sale of horses without the presence of a local authority veterinary surgeon or a veterinary 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 six 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 section was in the Private Members' Bill I introduced. There are many concerns that controls are not adequate in marts. There is cruelty to animals in marts such as the Smithfield mart in Dublin and different marts around the country. When we discussed this on Second Stage a number of Deputies mentioned that a section like this was not in the Government Bill. Deputy Broughan spoke about it and one or two other Government Deputies also felt this regulation was necessary. They are closer to the Dublin scene than I am and are more aware of what is going at these marts. We have entered an era where animal rights are to the fore. We have to introduce legislation to regulate what is happening at these fairs. What is currently there is not adequate.
I refer the Deputy to section 43 as regards welfare issues and to section 45 where for the first time we have made issues affecting welfare an indictable offence. The table in section 45 adequately covers all aspects of animal welfare. I will further consider regulation affairs. On Second Stage I referred to the regulation affairs legislation under which we operate, which goes back to the last century and suggested that it may be something for the Law Reform Commission to look at. There may be a simpler way of doing this and I will include a provision at a later stage if possible, following consultation with the parliamentary draftsman, with regard to regulation affairs and the involvement of local authorities in regulating affairs. Many of the relevant issues which the Deputy mentioned are included in the table in section 45 and are also covered in section 43. I will give regulation affairs further consideration. It could be possible to include a provision in this Bill on Report Stage to ensure we can control regulation affairs because it is an important issue.
There are provisions in that table but my section attempts to go further. The Minister of State says if I withdraw this amendment he will get the parliamentary draftsman to look at it and perhaps come forward with an amendment on regulation affairs. I accept that and withdraw the amendment.
How is it Deputy Kenneally has in subsection (b) "sell or buy any horse to or from any person under the age of 18 years"? The Bill refers to persons over the age of 16.
That is my fault. The Bill I put forward had 18 years in it and this amendment was lifted from that.
