The questions of 23 January 2018 to which the Deputy refers related to steps being taken in order to deter horse owners from using canals, public fields and sides of roads to keep horses, and related matters.
The legal framework within which issues relating to animal neglect/abuse are addressed is provided by the Animal Health and Welfare Act 2013. This is a modern Act and is the main legal instrument available to my Department to enforce animal welfare standards. The basic rule may be summarised by stating that the person having possession or control of an animal, including a horse, has responsibility for the care and welfare of that animal; it is this person’s duty to take all necessary steps to protect the animal from unnecessary suffering and neglect, and not to be reckless regarding the animal’s welfare. There is a specific requirement to ensure that an animal has access to an adequate supply of wholesome food and water.
The Act is enforced by authorised officers of my Department based at regional offices around the country, members of an Garda Síochána, officers of Customs and Excise and authorised officers of the Irish Society for the Prevention of Cruelty to Animals and the Dublin Society for the Prevention of Cruelty to Animals. In addition, the Chief Executive of a local authority may appoint officers of the local authority to be authorised officers within the administrative area of the authority.
The main powers availed of under the Act are contained in section 38 which provides for extensive powers of inspection and investigation, including in appropriate circumstances, seizure and detention of animals and their retention for use in evidence. Section 42 provides for a system of legally binding notices, the breach of which constitutes a criminal offence.
The Act provides for a range of penalties that may be imposed. On summary conviction, an offender may be fined up to €5,000 (a Class A fine) and/or be sentenced to a term of imprisonment of up to 6 months. On conviction on indictment, a fine of up to €250,000 and or a term of 5 years imprisonment may be imposed. The Court may also, in particular circumstances disqualify a person from owning, keeping, having charge or control (directly or indirectly) of an animal, or being involved with activities relating to animals for a period, including, where appropriate, for the life of the person. The determination of any particular case is, of course, a matter for the trial court.
