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Dáil Éireann díospóireacht -
Tuesday, 4 Feb 2003

Vol. 560 No. 3

Written Answers. - Equine Sector.

Kathleen Lynch

Ceist:

218 Ms Lynch asked the Minister for Agriculture and Food if he proposes to take measures to tighten laws regarding the importation of ponies, particularly from the UK, which are sold for tiny sums of money here and often end up in pony sanctuaries after cruel treatment; and if he will make a statement on the matter. [2553/03]

Due to trade rules in place between Ireland, France and the UK for many years, based on a common animal health position in the equine sector known as the tripartite agreement, no intra-Community export/import licences are required for the import of horses from the United Kingdom.

All horses imported from the UK are required to comply with the provisions of Council Directive 90/426/EEC on health conditions governing the movement of such animals for trade purposes and in particular Articles 4 and 5, which provide that an inspection must be carried out in the 48 hours prior to their embarkation or loading. The official veterinarian of the country of dispatch must, at the time of inspection, be satisfied that the animals have not been in contact with an infectious or contagious disease during the 15 days immediately preceding inspection.

In addition, the horses must be identified in accordance with one of the methods laid down in the directive, that is their own passports or a current signed marking sheet drawn up/signed by a veterinarian. They must also comply with Council Directive 91/628/EEC on the protection of animals during transport and be fit to travel. An animal transport certificate accompanies them on their journey. I have no plans to change these rules.

With regard to the welfare treatment of the animals once they are in this country, the principal statutes are the Protection of Animals Acts 1911 and 1965, which are enforced by the Garda Síochána. If any person has reason to believe there has been an act of cruelty against an animal, the matter should be reported to the Garda Síochána. In the context of the Control of Horses Act 1996, the penalties for cruelty were increased to a fine of up to £1,500 and/or six months imprisonment on summary conviction; and a fine of up to £10,000 and/or two years imprisonment on conviction on indictment.

It should also be noted that the Control of Horses Act provides an array of control measures, and particularly equips local authorities to address problems associated with inappropriate ownership and management and control of horses within their functional areas. It specifically provides for the designation of control areas, a licensing requirement within such areas and the seizure, detention and disposal of straying or unlicensed horses. Since the enactment of the Act my Department has provided financial assistance to local authorities in support of the implementation of its provisions.

Kathleen Lynch

Ceist:

219 Ms Lynch asked the Minister for Agriculture and Food the legal age at which a person can own or buy a horse or pony; if he has satisfied himself that this law is being properly enforced; and if he will make a statement on the matter. [2554/03]

As the Deputy may be aware, the Control of Horses Act 1996 was enacted to address the problems being caused by wandering horses in urban and rural areas. The Act provides for a comprehensive range of measures and further provides that many of the control measures envisaged by the Act would be administered and enforced by local authorities within their respective functional areas. The Act enables local authorities to, inter alia, designate control areas; require the licensing of horses within such areas; seize and detain stray and unlicensed horses; confiscate horses which stray repeatedly; dispose of horses seized by the local authority; and maintain a register of horses licensed and seized. The Act also contains provisions on the identification of horses and criminal liability for permitting or causing a horse to pose a danger to persons or property.

Where a horse is to be brought into a designated control area, section 20 (5)(a) of the Control of Horses Act 1996 provides that the relevant local authority shall not grant a horse licence to any person who is under the age of 16 years. Section 43 of the Act also states that a person who sells or offers for sale a horse to a person apparently under the age of 16 years shall be guilty of an offence. I am satisfied, therefore, that the Act provides a basis on which a local authority can deal with any current or emerging problem within its functional area in relation to the ownership and control of horses by young people.

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