Dáil Éireann Debate, Tuesday - 13 February 2018
468. Deputy Jan O'Sullivan asked the Minister for Agriculture, Food and the Marine if he is satisfied that there are adequate resources available to effectively enforce the implementation of the Animal Welfare Act 2013; and his views on whether the consequences for breaching the Act are effective deterrents. [6839/18]
View answerThe introduction of the Animal Health and Welfare Act 2013 provided for increased levels of penalties for animal welfare offences committed. Upon summary conviction these are €5,000 and/or up to six months in jail. For major cases taken on indictment, the maximum penalty was increased from €100,000 to €250,000, with a maximum custodial sentence of five years imprisonment. These penalties are in keeping with Irish jurisprudence and therefore I do not envisage further changes at this time.
Penalties imposed upon successful conviction vary at the discretion of the court, with the Act containing provisions that an individual convicted of serious animal welfare offences may be banned by the courts from keeping animals, or have the numbers of animals they may keep restricted.
The Animal Health and Welfare Act 2013 however has importantly changed the basis upon which animal owners must treat their animals and is specifically designed to allow early intervention in a much wider range of cases than the previous legislation allowed for. Thus minor cases can be tackled before they escalate and the Act is a vehicle to encourage and educate animal keepers. This new approach means that Authorised officers are addressing problems while they are relatively minor, reducing the risk of escalation.
Enforcement is a complex issue, so a progressive aspect of the Act is that it does not just focus on prosecution, which is only appropriate in cases where there have been serious welfare issues that can be clearly demonstrated to the courts. The new enforcement approach reflects the need to intervene as early as possible in animal welfare situations. This approach is aided by The Early Warning/Intervention System (EWS) initiative introduced by the Farm Animal Welfare Advisory Council involving, amongst others, my Department, the Irish Farmers' Association and the Irish Society for the Prevention of Cruelty to Animals which provides a framework within which farm animal welfare problems can be identified before they become critical or overwhelming.
The Act provides for Animal Health & Welfare Notices to be issued by Authorised Officers. This means that minor situations can be addressed at an early stage and that encouragement, guidance and best practice are introduced rather than just punishment. It also provides for Fixed Penalty Notices to be issued in minor cases. These alternatives to prosecution mean greater efficiency in terms of enforcement of the Act.
The provisions of the Act are enforced by Authorised officers of my Department, An Garda Síochána, officers of Customs & Excise and authorised officers of ISPCA and DSPCA, along with individual officers of the Turf Club. This approach provides a large cross section of experienced officials who are aware of welfare issues and can flag them up as and when they arise.
