Dáil Éireann Debate, Thursday - 10 May 2012
3Deputy Maureen O’Sullivan asked the Minister for Agriculture; Food and the Marine if he will provide an account of the consequence to the complaints made to Horse Racing Ireland and the Turf Club in relation to the treatment and welfare of race horses owned by a person which was brought to his attention previously. [23467/12]
Amharc ar fhreagraI thank Deputy Maureen O'Sullivan for raising this issue again. Earlier this year I responded in detail to questions put down by the Deputy regarding the matters to which she now refers, which is the welfare of horses. I explained, in my earlier replies to the Deputy, my Department's responsibilities with regard to the welfare of horses and the options open to an individual should he or she wish to refer or progress complaints relating to the welfare of horses.
My Department's responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only, that is, animals normally bred or kept for the production of food or for use in the purpose of farming. The relevant legislation in the matter raised by the Deputy is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010. Animals "used in competitions/shows, cultural or sporting events or activities while so being used" are outside the scope of my Department. Accordingly, it is clear that complaints relating to the welfare of horses in training, which I believe is to what the Deputy is referring, are not covered by this legislation and, thus, currently fall outside the remit of the Department.
The principal statutes governing cruelty to all animals, including race horses, in this country is the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act 1965. Responsibility for enforcing this legislation rests with An Garda Síochána which may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.
Rather than reading the rest of this reply, I will make a few other points. We are changing this nonsense because it is ridiculous that my Department cannot follow up on a welfare query in regard to race horses or other horses for that matter. I introduced the Animal Health and Welfare Bill in the Seanad last week, the purpose of which is to bring legislation together to try to stop this type of thing happening where, essentially, there is no Department, apart from the Department of Justice and Equality, through the Garda, with which people can follow up on complaints such as this. The Deputy will see significant legislative change on which she will have an opportunity to contribute in the coming weeks when that Bill is brought before the Dáil.
Additional information not given on the floor of the House.
I have clarified to the Deputy in the past that my Department has no role, or jurisdiction, in resolving the issues referred to and that it is for the owner of the race horses to decide if she or he wishes to report matters to the Garda or indeed if he or she wishes to institute civil proceedings. It is my understanding that complaints made to the regulatory bodies have been investigated and the outcome of those investigations have been made known to the complainant.
The programme for Government 2011 contains a commitment to strengthen legislation on animal cruelty and animal welfare. The main vehicle to fulfil this commitment is the new Animal Health and Welfare Bill which consolidates and updates existing legislation in the area of animal welfare and brings the responsibility for the welfare of all animals under the remit of my Department. The Bill is currently being considered by the Oireachtas.
I thank the Minister for that answer and for the other answers he gave me about this situation. I know it predates his taking office as the Minister for Agriculture, Food and the Marine and his predecessor, the then Minister, Deputy Brendan Smith, would have dealt with it first. I am delighted about what the Minister said about regarding the welfare of horses in the context of the Animal Health and Welfare Bill. I think he and I will be having a few debates about another animal, the hare, and coursing, and probably fur farming as well. On this matter, I welcome what the Minister has said.
The current position is difficult in terms of to where a complaint should made. When a complaint was made, it went to the Turf Club. It appeared that was a dead end and this gentleman was left with no other recourse. What the Minister is planning in this context is probably too late for him and, in the meantime, I wonder what recourse he has.
I have written to the gentleman concerned. I know the case the Deputy is talking about. He needs to go to the Garda, which has legal responsibility in that regard. I have outlined that to him in some detail in written correspondence and, to be fair, I think the previous Minister probably did so too.
I accept that the legislation in place to deal with animal cruelty, codes of practice or the protection of animals is antiquated. It dates back to the 1911. We live in an entirely different world now. We are trying to modernise that legislation in a relatively large piece of work. It has taken quite some time to draft the Animal Health and Welfare Bill. I think it is good legislation and I would like to get feedback from the Deputy and anybody else who wishes to contribute to it. We might not agree on everything-----
-----but I am trying to get balanced legislation that takes account of farming and hunting practices in a reasonable way, but also provides appropriate protection for animals to ensure that we do not have either wanton or accidental cruelty because neither is acceptable.
Having read through the massive correspondence I got from the gentleman, it was very frustrating for him, and for me having read it, that when he brought an issue to the Turf Club and to Horse Racing Ireland it was almost like a dead end. I felt for him that he had to take those issues further instead of getting answers at the time when the matter could have been resolved instead of it continuing on for the number of years that it has.
Nobody likes to see somebody chasing a cause for a long time and not being able to get adequate answers. I am sure he is a genuine person but the appropriate line of investigation here, if the Deputy wants to call it that, and this is my understanding having asked for legal advice on it, is through the Garda. I am not sure whether he has gone down that road but to be fair to Horse Racing Ireland and the Turf Club, they have limited powers and roles as well.
On the issue of equine welfare in Ireland generally, we have done a good deal in working with the Equine Centre in the past year to get a handle on the number of abandoned horses in Ireland. We have also done a good deal of work on the identification and the traceability of horses in terms of microchipping and the provision of passports. There is a good deal happening in this area. Ultimately, the Animal Health and Welfare Bill is the place to deal with this debate from a legislative point of view.
I look forward to the debate.
