I have responded in detail to questions previously put down by the Deputy regarding issues raised by the person to whom the Deputy refers. I have explained, in my earlier replies to the Deputy, my Department's responsibilities with regard to the welfare of horses and the options open to the individual should he wish to further 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, i.e. animals normally bred or kept for the production of food or for use in or for 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, S.I. 311 of 2010. Animals "used in competitions/shows, cultural or sporting events or activities while so being used" are outside the scope of S.I. 311 of 2010. Accordingly it is clear that complaints relating to the welfare of horses in training 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 who may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.
I have clarified to the Deputy in the past that my Department has no role, or jurisdiction, in resolving the issues referred to, hence there can be no question of my Department compensating this individual. It is for the owner of the race horses to decide if or he wishes to report matters to the Gardaí or indeed if he 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.
