Thursday, 9 May 2019

Questions (125)

Seán Fleming


125. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine if animal and dog sanctuaries can re-home dogs without the consent of the owner who leaves dogs in for fostering; and if he will make a statement on the matter. [20244/19]

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Written answers (Question to Agriculture)

Animals may only be seized and rehomed in accordance with the law. The relevant legislation relating to dogs is the Control of Dogs Act 1986. Section 11 of that Act provides for local authorities to rehome stray dogs within the circumstances set down in that section. That legislation is the responsibility of my colleague Seán Canney T.D., Minister of State for Community Development, Natural Resources and Digital Development.

Animal sanctuaries do not operate under an express legislative basis and their powers accordingly are limited. They do not have the right to rehome animals without the consent of the owner. Furthermore, Section 4 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 makes it an offence for a person who has no right to deprive the owner of property.