Michael Lowry
Ceist:
330. Deputy Michael Lowry asked the Minister for Justice if changes will be made to The Criminal Justice (Theft and Fraud Offences) Act 2001 concerning the theft of family pets (details supplied); and if she will make a statement on the matter. [49336/22]
Amharc ar fhreagra
I have contacted An Garda Síochána for the information requested by the Deputy, regretfully this information was not available in time. I will write to the Deputy once the information is to hand.
The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question No. 330 of 6 October 2022 where you asked: ‘if changes will be made to the Criminal Justice (Theft and Fraud Offences) Act 2001 concerning the theft of family pets.’
As you will recall, I sought the information you requested and undertook to contact you again once the information was to hand.
Pet theft is an incredibly cruel crime which causes huge trauma for pet owners all over the country. I fully appreciate the strong emotional attachment we all have to our pets and that theft not only leads to their loss in our lives, but also a high level of concern for their welfare. It is also a crime which often affects, and is indeed often targeted against, older and particularly vulnerable people, for whom their pet is of huge emotional importance.
It is important to emphasise that theft offences already apply to this crime, and can carry very heavy penalties. The Criminal Justice (Theft and Fraud Offences) Act 2001 provides for a maximum sentence of 10 years imprisonment in the case of offences of theft and handling of stolen property; while a maximum sentence of 5 years imprisonment is provided for the offence of possession of stolen property.
When imposing sentence, judges are not limited to considering the monetary value of a pet – the emotional distress to the victim caused by the offence is absolutely relevant and can be, and is, taken into account where appropriate.
From an enforcement perspective, An Garda Síochána takes this issue very seriously and has conducted several important actions against those responsible. Gardaí have also disseminated information through the national Crime Prevention Officer Network regarding keeping animals secure and preventing these forms of theft. The Garda National Crime Prevention Unit's advice on pet safety, which is in line with the advice from animal welfare groups and animal insurance companies about keeping animals safe, can be viewed on the Garda website.
It is important to note that such incidents are rare and there is no evidence, from the data to hand, of a so-called ‘epidemic’ of pet/dog theft. Whilst there was an increase in reported incidents to An Garda Síochána over the initial periods of the Covid pandemic, these reports have reduced significantly this year and are closer to pre-pandemic levels.
The Government is very conscious of the special place that pets hold in people’s lives, as companions and as a comfort to many. I want to assure you that the Government and An Garda Síochána are dedicated to preventing the theft of companion animals through a range of measures, including microchipping and awareness campaigns.
The below table, provided to me by the Garda authorities, provides the number of incidents of dog theft reported to Gardaí nationally over the previous years. As noted above, figures for this year are in line with pre-pandemic figures.
|
|
2018
|
2019
|
2020
|
2021
|
2022*
|
|
Dog Theft Incidents
|
60
|
70
|
121
|
116
|
38
|
|
Stolen Dogs
|
145
|
204
|
228
|
280
|
77
|
* Figures up to and including 3rd of October 2022.
Incident counts are based on reported date and were collated based on operational PULSE data as of 1:30am on the 4th October 2022. Crime counting rules are not applied to reflect all recorded incidents.
I would like to emphasise the importance of microchipping. Every dog must be microchipped by the time it reaches 12 weeks of age, or earlier if it is sold or moved from its place of birth (Microchipping of Dogs Regulation 2015), and the microchip must be registered with an authorised database. Microchipping of all dogs protects the animals’ welfare, and assists with speedy identification of lost or stolen dogs and their owners. It is an offence to keep a dog over 12 weeks that has not been chipped and it is an offence to sell such a dog. Microchips can be easily checked at vets and by Gardaí. They are by far and away the most effective means of tracking and identifying dogs.
The Department of Agriculture have also made regulations covering the advertising for sale of animals under the Animal Welfare (Sale or Supply of Pets) Regulations 2019.
