Dáil Éireann Debate, Wednesday - 11 July 2018
446. Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine the steps he is taking to improve the legislative framework for animal welfare and to ensure better enforcement of existing legislation; and if he will make a statement on the matter. [31391/18]
Amharc ar fhreagraThe legal framework for animal welfare is provided by the Animal Health and Welfare Act 2013. This is a modern Act and is the main legal instrument available to my Department to enforce animal welfare standards. The basic rule may be summarised by stating that persons having possession or control of an animal have responsibility for the care and welfare of that animal; it is this person’s duty to take all necessary steps to protect the animal from unnecessary suffering and neglect, and not to be reckless regarding the animal’s welfare. There is a specific requirement to ensure that an animal has access to an adequate supply of wholesome food and water.
The Act is enforced by authorised officers of my Department based at regional offices around the country, members of an Garda Síochána, officers of Customs and Excise and authorised officers of the Irish Society for the Prevention of Cruelty to Animals and the Dublin Society for the Prevention of Cruelty to Animals. In addition, the Chief Executive of a local authority may appoint officers of the local authority to be authorised officers within the administrative area of the authority.
The main powers of enforcement under the Act are contained in section 38 which provides for extensive powers of inspection and investigation, including in appropriate circumstances, seizure and detention of animals. Section 42 provides for a system of legally binding notices, the breach of which constitutes a criminal offence.
The Act provides for a range of penalties that may be imposed. On summary conviction, an offender may be fined up to €5,000 (a Class A fine) and/or be sentenced to a term of imprisonment of up to 6 months. On conviction on indictment, a fine of up to €250,000 and or a term of 5 years imprisonment may be imposed. The Court may also, in particular circumstances disqualify a person from owning, keeping, having charge or control (directly or indirectly) of an animal, or being involved with activities relating to animals for a period, including, where appropriate, for the life of the person. The determination of any particular case is, of course, a matter for the trial court. There have been 50 prosecutions to date with a further 28 ongoing.
In summary, the current modern legislative framework provided by the Act is considered fit for purpose. Similarly enforcement of the existing legislation has been working satisfactorily, and is kept under review with a view to ongoing improvements as needed.
