Vol. 254 No. 3
asked the Minister for Justice if he will amend the present legislation dealing with wandering horses in Dublin so that an adequate deterrent will exist to prevent the owners of such horses allowing them to wander into densely populated areas such as Finglas west.
35.
asked the Minister for Justice whether he has received representations from Dublin Corporation and other local representative bodies requesting him to introduce special legislation to deal with the menace of wandering horses; and whether he proposes to introduce such legislation.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 34 and 35 together.
Representations on this matter have been made at various times down the years by the Dublin Corporation. On the other hand, representations have been made to the corporation by my Department and by the Garda that the greater need is for pound accommodation and, where possible, the fencing of unused open areas which are owned by the corporation and in which animals are left to graze by their owners. I am of course fully aware of the difficulties facing the corporation on both points.
To allow animals to wander on public roads is already an offence and any legislation to amend or strengthen that law is a matter primarily for the Minister for Local Government.
The question of an amendment of fees payable in respect of impounded animals is under consideration but it is necessary to bear in mind that a poundage fee is intended to meet outlay and is not a penalty in disguise.
Where the Minister states that to allow horses to wander is an offence, is it not true that a wandering horse may be judged in court as having the right of way?
I do not think so.
He is right.
In the case of a fatal accident where a breadwinner is killed by a wandering horse what redress do his dependants have?
The ordinary law of negligence would apply, and if the party could prove negligence an action would lie. Our law on wandering animals, I must confess, is rather outdated from the civil liability point of view and it is something we are looking into. It developed over the years because of the fact that fencing was comparatively unknown until 150 years ago. Unfortunately, our civil law on liability for damage has not progressed in accordance with modern conditions as much as it might have.
The Minister has said it is an offence to have wandering animals on the road. How many prosecutions have there been in the past 12 months?
I gave that information previously in answer to other questions. In the Finglas area alone in the 12 months up to March, 1971, over 100 horses were impounded and over 40 persons prosecuted. Those figures are for Finglas only; I do not have the figures to hand for other areas.
