Mr. Martin Blake:

I thank the Chairman for the invitation to address the committee on the implementation of the Animal Health and Welfare Act 2013, with a particular focus on canine welfare and the topics of artificial insemination, canine fertility clinics, ear cropping and microchipping. I am joined here this evening by my colleagues Dr. Patricia Reilly, deputy chief veterinary officer and current acting head of the Department's animal welfare division, and Dr. Mary McCarthy, principal officer in the animal health division.

The 2013 Act was introduced after much public and stakeholder consultation, and with the legislative expertise of many members of this committee, present and past. The Act updated and consolidated legislation, modernising it in line with the knowledge and understanding of animal welfare. It provided a regulatory framework for the welfare of all animals and assigned a science-specific responsibility for animal welfare policy to the Department of Agriculture, Food and the Marine. It has provided a strong basis for many positive developments. As our understanding of the welfare needs of animals expands, the legislative framework continues to accommodate the development of strategies and actions to further enhance animal welfare.

The Department has a strong history of supporting the welfare of animals. Animal welfare has never been in a more important place in terms of policy, resources and practical implementation than it is now. The 2013 Act enables the Department to regulate and support animal welfare through concrete tangible measures. The Department has in excess of 200 authorised officers carrying out welfare inspections in every county, and they are out on the ground every day providing advice and support to the keepers of animals. Members of An Garda Síochána, as well as inspectors from the Irish Society for the Prevention of Cruelty to Animals, ISPCA, and the Dublin Society for the Prevention of Cruelty to Animals, DSPCA, are also authorised under the 2013 Act.

The 2013 Act ensures that in addition to being able to offer their advice and expertise, authorised officers have the legal basis to issue improvement notices and compliance notices, which in the majority of cases are very effective. People are rarely intentionally cruel or neglectful, and most animal welfare risks can be resolved before they become critical. Where necessary, however, legal sanctions are imposed and prosecutions are taken when other efforts to ensure compliance have failed or there is a blatant disregard for an animal's welfare. More than 100 successful prosecutions on behalf of the Minister have been taken to date under the 2013 Act, of which 72 relate to dogs. A number of other investigations are ongoing.

Last year, the Minister, Deputy McConalogue, launched Working Together for Animal Welfare - Ireland’s Animal Welfare Strategy 2021-2025. Ireland’s first stand-alone animal welfare strategy is a living, action-focused document, responding to priorities raised by stakeholders during extensive dialogue and consultations, and reflecting the significant animal welfare commitments in the programme for Government. Real progress has already been made. Delivering on the strategy and in response to the programme for Government commitment to advance initiatives on responsible pet ownership, the Minister has established a new advisory council on companion animal welfare. Independent members with a range of expertise and experience have been appointed. The council is up and running and will advise on policy matters and, where appropriate, issue guidelines and recommendations in relation to companion animals.

The strategy acknowledges that animal welfare is a complex and evolving concept, which can mean different things to different people. Perspectives on animal welfare are influenced by both science and values, which explains why there are often diverging views in society and sometimes between scientists. This council, therefore, is a critical stakeholder grouping which will assist the Department in prioritising and advancing policy initiatives relating to companion animals.

Other key actions of the strategy include the establishment of the first chair in animal welfare and veterinary ethics at UCD's School of Veterinary Medicine; financial and policy support for excellent research that focuses on the "one health, one welfare" approach; and the development of initiatives to promote responsible animal and pet ownership, including through education. The Minister has also refreshed and renewed the membership of the Farm Animal Welfare Advisory Council, FAWAC. Since its establishment 20 years ago, the FAWAC has produced 17 detailed guidance documents and codes of practice. It has also revised and expanded the early warning system, relaunching as the farmer and animal welfare network, which takes a "one health, one welfare" approach, acknowledging and emphasising the relationship between the well-being of people and animals.

The Department acknowledges the valuable work done by animal welfare organisations, and our officials work closely with many of them every day. Since 2002, the Department has financially supported eligible NGOs. What started as a modest scheme has grown exponentially, with record assistance of almost €3.8 million awarded by the Minister to 98 animal welfare organisations last December. Of this, almost €2.7 million went to 68 organisations directly supporting canine welfare. The Department is on track to meet the programme for Government commitment to double funding within two years, subject to the availability of Exchequer funding. The Department’s animal welfare grants support inspection, control, rescue and rehoming activities. The Act has enabled the Minister to appoint as authorised officers under the Act a number of employees of certain animal welfare organisations, who have assisted with inspection and enforcement activities. Nine of them are officers of the ISPCA, and five are officers of the DSPCA. The Department liaises with other Government Departments and State bodies that have responsibilities relating to the control of animals, as well as with many stakeholder groups contributing to animal welfare initiatives.

I will turn to the specific topics that the committee asked the Department to provide information on, beginning with the topic of canine fertility clinics and artificial insemination. Many of the services offered by these clinics constitute the practice of veterinary medicine. The Veterinary Council of Ireland is the statutory body responsible for regulating the practice of veterinary medicine in the State, as indicated by Ms Muldoon. There is no legal requirement to approve or register canine germinal product establishments, and the Department does not maintain a list of canine fertility clinics. The Artificial Insemination of Greyhounds Regulations 2005 introduced a regulatory framework around the practice of artificial insemination in the greyhound industry and prescribed that the practice is licensed and subject to veterinary oversight. Rásaíocht Con Éireann is responsible for these regulations and enforcement is carried out by the Irish Coursing Club.

Ear cropping is an unnecessary and painful mutilation that is already illegal in Ireland under section 16 of the Animal Health and Welfare Act 2013. Experts are united in their opposition to this practice. There are no welfare benefits and many lifelong consequences for the animals, who frequently suffer permanent discomfort and recurrent infections. This mutilation also has long-term detrimental effects on a dog’s behaviour and ability to communicate. Reports from animal welfare charities on the numbers of dogs with cropped ears being seized and surrendered suggest that, notwithstanding its illegality, the practice may be growing in Ireland and ownership of such a dog seems to be a status symbol in certain circles.

A number of challenges face us. There is no law against owning a dog with cropped ears and the burden of proof in relation to where mutilation took place and who carried out the procedure is often difficult to establish. In practice, authorised officers have no legal basis to seize dogs or otherwise sanction those in possession of such animals unless the owner admits to carrying out the procedure or having someone carry out the procedure on his or her behalf.

The Department, therefore, believes it is now necessary to revisit this legislation to support more effective investigation and enforcement and reduce the demand for dogs with cropped ears.On that basis, the Department is currently in the process of drafting legislation, which will be brought forward by the Minister, Deputy McConalogue, in the coming months.

The Department has responsibility for the Microchipping of Dogs Regulations 2015. The primary policy objectives of this legislation were to protect the welfare of all dogs, assist in uniting stray dogs with their owners, act as a deterrent for those who abandon dogs and assist in identifying marauding dogs. All dogs more than 12 weeks old must be microchipped and the possession, movement, sale or supply of unchipped dogs is an offence. This helps ensure the security and improves the chance of the safe return of a dog that is stolen. The system is effective in helping to reunite stray or lost dogs with their owners and is recognised among EU member states as an excellent model.

Data indicate a high level of compliance, with almost 600,000 dogs microchipped since 2017. Database operators inform us that from their knowledge, all major breeders in Ireland are compliant. Among the conditions of funding for recipients of the Department’s animal welfare grants, animal welfare organisations must ensure all rescued and rehomed dogs are microchipped.

The four approved database operators are required to provide details of the microchip data they hold to Europetnet, a Europe-wide umbrella group of associations that register owner information for microchipped pets. Europetnet is easy to use and the microchipping regulations can be enforced by any officer authorised under the Animal Health and Welfare Act, including officers of the Department, An Garda Síochána, dog wardens, members of local authority veterinary services, customs agents and officers of the Irish Society for Prevention of Cruelty to Animals, ISPCA, and the Dublin Society for Prevention of Cruelty to Animals, DSPCA.

I re-emphasise that the Department operates a confidential, dedicated animal welfare helpline, through which members of the public can report concerns about the welfare of any animal by phone or email. The helpline can be contacted at a call save number, which I have provided in my submission, or by email at animalwelfare@agriculture.gov.ie.The Department received 881 reports in 2021, and 268 have been received so far this year. Each report is followed up by a Department official or an ISPCA or DSPCA authorised officer.

By way of further background, I have provided an attachment for the committee summarising many of the animal welfare initiatives that have taken place since the implementation of the Act. I hope I have given committee a good overview of the Department’s responsibilities, commitments and actions in implementing the Animal Health and Welfare Act, particularly in respect of dogs. My colleagues and I will be pleased to answer any questions the committee may have.