Oireachtas Joint and Select Committees

Wednesday, 25 May 2022

Joint Oireachtas Committee on Agriculture, Food and the Marine

Dog Breeding Establishments Act 2010 and the Control of Dogs Act 1986: Discussion

Ms Bairbre Nic Aongusa:

Good evening. I would like to thank the committee for inviting us here this evening to discuss the Department’s role in relation to Dog Breeding Establishments Act and the Control of Dogs Act. I am assistant secretary in the community division of the Department of Rural and Community Development and I am accompanied by my colleagues, Mr. Paul Geraghty, principal officer, Ms Teresa Gavaghan, higher executive officer, and remotely by Ms Catherine Burns, assistant principal officer.

First of all, I would like to set out the Department’s responsibilities regarding dog breeding establishments and dog control. Legislative and policy responsibilities in relation to the Dog Breeding Establishments Act 2010 and the Control of Dogs Act 1986 were transferred to us from the Department of Housing, Planning, Community and Local Government in July 2017 when the Department of Rural and Community Development was formed. Since the transfer of these functions, the Department of Rural and Community Development has carried out several reviews of this area of work to ensure the legislation is fit for purpose, to seek to make improvements where appropriate and to promote responsible dog ownership. I will talk more about these activities later.

The Dog Breeding Establishments Act 2010 regulates the operation of dog breeding establishments. It requires local authorities to establish and maintain registers of dog breeding establishments and prohibits the operation of unregistered dog breeding establishments. The Control of Dogs Act 1986 provides for the licensing and control of dogs and for the protection of livestock from worrying by dogs. Operational matters in respect of these Acts are the responsibility of the local authorities and I will speak about this in more detail later.

First, it is important that the public understands the key work that the Department of Rural and Community Development carries out in the area of dog control. The Department of Rural and Community Development publishes comprehensive annual statistics on local authority dog related activities. These cover, for example, information on stray and unwanted dogs, dog licences, enforcement actions, and the operation of local authority dog shelters and dog breeding establishments. The statistics are available on the Government website gov.ie.

Statistics for 2021 will be published later this year, but I can give some examples of the type of information gathered for 2020. In 2020, the total number of dog licences issued was 207,866. This includes 200,857 individual dog licences, 6,713 lifetime of dog licences and 296 general dog licences. The general dog licence covers an unspecified number of dogs in the one premises. The annual dog licence and general dog licence are valid for one year while the lifetime of dog licence is valid for the dog’s lifetime.

The statistics contain some welcome trends. For example, the total number of dogs euthanised in 2020 in local authority pounds was 172, down from 403 in 2019, 778 in 2018, 996 in 2017 and 1,674 in 2016. This continues the year-on-year annual trend in the decline in the number of dogs being euthanised – down from just over 21,000 in 2002.

Information in relation to dog breeding establishments is also collated by my Department. The number of such establishments in 2020 was 239. This figure includes 83 commercial dog breeding establishments, 85 hunts clubs and 49 commercial boarding kennels. The remainder comprises 18 animal welfare shelters and four training kennels. That is an overview of the Department of Rural and Community Development's work in the area, but in order to provide the committee with a full picture of the work carried out in relation to the control of dogs and dog breeding establishments, it is important to understand the role of other arms of Government with responsibilities in these areas.

The most important aspect of work relating to dog control happens at the front line. The local authorities are key in this regard. They are responsible for all operational matters in relation to dog breeding establishments, including the licensing, monitoring and inspection of dog breeding establishments and, where a serious and immediate threat exists to public health or animal health and welfare, for the closure of such establishments. Local authorities are also responsible for the enforcement of certain legislation in this area. For example, under the Control of Dogs Acts local authorities have the power to issue dog licences, appoint dog wardens, provide dog shelters, seize dogs, impose on-the-spot fines and take court proceedings against dog owners, where appropriate. The Department of Rural and Community Development co-operates closely with the local authority veterinary service to ensure that we do what we can to support the vets in their work.

The Department of Rural and Community Development also has a close working relationship with the Department of Agriculture, Food and the Marine. This Department is responsible for the Animal Health and Welfare Act 2013, and a statutory instrument made under this act includes provisions around the microchipping of dogs. The Department of Agriculture, Food and the Marine also wrote and oversees regulations around the sale, supply and advertising of pet animals, including dogs. We are currently in discussions with the Department of Agriculture, Food and the Marine regarding the potential transfer of some responsibilities in this area, as a move towards consolidating the work around dog breeding establishments.

As a result of our close relationship with both the local authority vets and dog welfare groups, we became aware of the need to tighten up on the operating standards in dog breeding establishments in Ireland. We initiated a public consultation in 2017, and in January 2019, revised guidelines for the operation of dog breeding establishments came into effect. They now form part of the framework within which local authorities carry out inspections and issue improvement notices where required. Having taken on board the stakeholder views, we ensured a substantial shift in focus within the revised guidelines towards the welfare of dogs and pups in dog breeding establishments. We know that better socialised pups, housed in appropriate accommodation, make for better pets. Where there is a focus on socialisation in the key first few weeks of life, there is a smoother transition to life in a family home.

We know that better socialised pups, housed in appropriate accommodation, make for better pets. Where there is a focus on socialisation in the key first few weeks of life, there is a smoother transition to life in a family home. The revised guidelines also place an emphasis on the need for accurate record-keeping by dog breeding establishments and sets the staff to breeding bitches ratio at 1:25. This was a key shift from the original guidelines, which did not stipulate in a ratio.

As part of our drive to review and improve legislation in this area, work is ongoing in the Department on a review of the legislation and the preparation of proposed amendments to the Dog Breeding Establishment and Control of Dogs Acts. Regarding dog breeding establishments, we are considering, for example, strengthening the enforcement regime by introducing additional penalties for offences and allowing for fixed payment notices. We are also proposing additional amendments to ensure that local authorities can inspect deregistered premises and seize dogs when warranted due to welfare and other issues.

Under the Control of Dogs Act, we are considering a new provision to allow for dog control notices, DCNs. They are notices issued to owners whose dogs have been found to be out of control.

As part of our objective to promote responsible dog ownership, the Department recently published a consultation report on a review of measures relating to the control of dogs in Ireland. This report followed a public consultation to which more than 1,000 responses were received. As a result of this review, the Department intends to more actively promote a culture of responsible dog ownership in Ireland. This will include supporting information campaigns regarding responsible dog ownership and progressing measures involving primary and secondary legislation.

We are also consulting with the Office of the Attorney General regarding introducing increased penalties for the offence of livestock worrying, which continues to be an issue in our rural areas. Some 241 incidences of livestock worrying were reported to local authorities in 2020, with 253 reported in 2019.

All the work we do in this area, including the reviews of the legislation, revised guidelines and stakeholder consultation, is with a view to the promotion of responsible dog breeding and ownership in Ireland. Dogs who are bred in dog breeding establishments are now more likely to receive individual attention and be socialised properly before going to their homes. At that point, the responsibility transfers to their owners.

We know that dog ownership brings great benefits, physical and social, but it also brings with it responsibility. Another part of the Department has responsibility for the national outdoor recreation strategy. As part of the communications plan around the forthcoming strategy, there is the intention to develop and deliver a communication campaign to promote a culture of responsible dog ownership in outdoor recreation. This will complement the work already carried out in area by the Department.

Dogs must be kept under effectual control, in particular around livestock. Dogs should never be left free to roam and pose a threat to the livelihoods of our farmers. During lambing season each year, the Department has spearheaded communication campaigns seeking to inform dog owners of the risks of leaving dog unattended. As I mentioned, we seek to increase the level of fines for the offence of livestock worrying. We will continue to do our part, along with colleague in local authorities, local authority vets and the Department of Agriculture, Food and the Marine, to consolidate efforts in this area and promote the message of responsible dog ownership.

I thank the committee for its attention. My colleagues and I are happy to respond to any questions the committee may have.

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