Shane McEntee (Meath East, Fine Gael)

I move: "That the Bill be now read a Second Time."

I am pleased to bring the Welfare of Greyhounds Bill 2010 before the Dáil and look forward to an informed and constructive debate during the passage of the Bill through this House. The greyhound racing industry is a very important industry in this country responsible for sustaining 11,000 full-time and part-time jobs directly and indirectly, mainly in rural communities. It provides an estimated €500 million into local economies around the tracks which are spread throughout the country. The greyhound breeding industry is also successful, with many greyhounds now running in the UK being Irish bred. Greyhound racing attracts a significant number of continental European visitors to Ireland.

As Members are aware, the Bill arises from the debates last year concerning theDog Breeding Establishments Act 2010which sought to ensure proper standards of animal welfare in dog breeding establishments. During those debates the point was made that it was more appropriate to introduce separate legislation to regulate welfare in the greyhound industry. It was acknowledged that the greyhound industry already had a system of self regulation in place which included certain provisions on welfare.

Following the enactment of the Dog Breeding Establishments Act 2010 it was agreed to introduce separate legislation to regulate the greyhound industry in order to provide a regime for greyhound welfare. The policy objective is to optimise the level of animal welfare in the greyhound industry. While the objective is similar to that of the Dog Breeding Establishments Act, the approach taken differs due to the distinct nature of, and controls applying to, the keeping of greyhounds.

Bord na gCon and the Irish Coursing Club agreed with the need for legalisation to regulate all aspects of welfare throughout the greyhound industry and thus protect this country's reputation in respect of care of greyhounds. Preparation of the Bill has involved wide-ranging consultation with a variety of interested parties, including Departments, Bord na gCon, the Irish Coursing Club, voluntary bodies and animal welfare groups, especially those concerned with dogs. I thank all of those who participated in the consultation process and for their constructive input. I am confident that we have struck an adequate balance accommodating various points of view.

The Irish Coursing Club identifies and registers greyhounds individually in the stud book so as to ensure the integrity of the racing system. Furthermore, the industry already has a system of self regulation in place which can be readily adapted for welfare purposes, which the Bill uses as a starting point. For the purposes of the Bill, greyhounds are defined as all greyhounds entered in the Irish greyhound stud book and they will be covered by the welfare provisions of this Bill. The welfare requirements specified in the Bill on animal keepers to safeguard animals in their care are in addition to the general provisions relating to cruelty in the Protection of Animals Acts 1911 and 1965. Greyhounds that are not registered in the stud book cannot be covered by the scope of the Bill but will continue to be covered by general animal welfare legislation as well as the Dog Breeding Establishments Act 2010 where relevant.

While the provisions the Bill apply to all greyhounds in the stud book I nevertheless see merit in establishing a register of greyhound breeding establishments. Those are premises at which not less than four greyhound bitches are kept, each of which is more than 15 months old and has been or is being used for breeding. I should make clear however that the scope of the Bill extends to all greyhounds in the racing and coursing industry and not only those found on a premises that is registered as a greyhound breeding establishment under the Bill.

The Dog Breeding Establishments Act 2010 on the other hand provides for a hitherto unregulated industry puppy farming with no existing system either on the registration of individual dogs for stud book purposes or the registration of premises on which they are kept. The welfare provisions of the Act apply to dogs on premises registered under the Act.

Deputies will be aware that there is a variety of opinion on any issue involving animal welfare and, in particular, on the welfare of dogs. However in the case of greyhounds there are fewer problems involved than in the business known as puppy farming. While puppy farmers and greyhound breeders are both engaged in breeding activity as a commercial activity, greyhound breeders strive to breed high quality greyhounds to win races and therefore in greyhound breeding, quality is of paramount importance rather than quantity.

In today's debate, I intend to summarise the provisions of the Bill, my overall approach and the details of how the system will work. I will also outline the points of both similarity and difference with the Dog Breeding Establishments Act 2010. While my Department has responsibility for animal welfare, the Department of the Environment, Community and Local Government is responsible for dog control and the dog control service is operated through the local authorities. I am confident that the provisions for the welfare of greyhounds in the Bill and the extensive powers given to welfare officers will result in a very high standard of welfare for greyhounds. Stewards of the Irish Coursing Club already visit all greyhound breeding premises to register and identify all new litters to ensure the integrity of racing. This Bill provides a legislative basis whereby they can become authorised as welfare officers within the terms of the Bill which will give them powers to inspect all aspect of welfare on such visits and to issue welfare notices where improvements are required.

Local authorities may appoint welfare officers. Therefore I envisage close liaison between personnel from Irish Coursing Club and local authorities. The Bill will form the basis of a co-operative relationship between local authorities, Bord na gCon and the Irish Coursing Club. The legislation requires that reports of inspections or details of welfare notices be notified to the Irish Coursing Club, Bord na gCon and to the relevant local authority.

The Bill grants a wide range of powers to welfare officers and allows them to specify various items in welfare notices. However the provisions will not present any difficulty to individuals who take due cognisance of welfare requirements and who have proper premises and operate their business in co-operation with their local veterinary practice. A crucial aspect of this Bill is that a greyhound bitch will not be allowed to breed until she is 15 months of age, compared to a stipulation of six months in the Dog Breeding Establishments Act 2010, and also a limit will be placed on the number of litters that a bitch can produce.

The Bill provides that a period of up to three months will be provided from the commencement of the Act for greyhound breeding establishments to be registered. It will be lawful for an existing dog breeding establishment to continue to operate for this period. That will enable a smooth transition to full registration of greyhound breeding establishments.

In line with best practice in any regulatory regime, there is an appropriate scale of regulatory actions which can be taken to ensure compliance. I have provided for some offences for which fines and custodial sentences are possible upon summary conviction and other lesser offences, mainly concerning records or registration, for which only fines or, in some less important cases, fixed payment notices apply.

A provision is necessary to require owners of establishments to co-operate, within reason. There is general need for such a provision and it is particularly important in cases where an establishment operates from the private home of the owner. The draft Bill makes provision, in circumstances where consent of the occupier to enter a dwelling is not forthcoming, for the authorised person to apply to the District Court for a warrant to enter.

I will now outline the main provisions of the Bill. Part 1, preliminary and general, sections 1 to 5, contains the usual provisions of a general nature dealing with such matters as the Short Title and commencement, definitions, service of notifications, notices and documents, expenses of the Minister and the making of regulations. The key definition is that of a "greyhound breeding establishment" which means a premises used, in whole or in part, for breeding greyhounds at which not less than four greyhound bitches are kept, each of which in the fist instance, is more than 15 months old and, in the second instance, has been or is being used for breeding purposes, but does not include a premises at which not less than six bitches, other than greyhound bitches, each of which is more than six months old and is capable of being used for breeding purposes, are also kept.

Under the Dog Breeding Establishments Act 2010, a registered breeding establishment is defined as a premises with not less than six breeding females. In the Bill however a lower number, four, is used. As greyhounds are more specialist animals than dogs in general it was felt that a lower number of bitches was appropriate to require registration as a breeding establishment under the Bill.

Furthermore, the age limit of 15 months specified in this Bill for a greyhound bitch to be bred is much higher than the six months stipulated in the Dog Breeding Establishments Act. That is dealt with later in the legislation. The provisions have been the subject of intensive, constructive debate and have the support of the Bord na gCon and the Irish Coursing Club.

Part 2, sections 6 to 10, deal with welfare generally. Section 6 requires the publication of codes of practice for welfare with the consent of the Minister of Agriculture, Fisheries and Food. I have also required that such codes be published in draft format on the Internet to allow for feedback prior to finalisation and publication on the Internet.

Section 7 provides for the welfare standards of greyhounds in terms of accommodation, food and drink, exercise, health and safety. It is important to note that this section applies to all greyhounds irrespective of whether they are on the premises of a registered breeding establishment. This is an important difference between this Bill and the Dog Breeding Establishments Bill 2010, which applies to dogs on registered premises only. As I have mentioned previously, this bill is building on an existing and effective regulatory system and will underpin the welfare of all registered greyhounds.

Section 8 provides for regulations regarding welfare and related matters. These build upon the general duty of care and codes of practice and will allow greater detail to be specified. Section 9 provides for the identification of greyhounds. I have allowed for both the traditional tattooing method and for microchipping. Greyhounds are individually identified by tattooing for registration in the stud book maintained by the ICC, as this is vital for the integrity of industry. As tattooing has a long-standing tradition, it is not necessary to require breeders to change their methodology at this stage. The important thing is that every greyhound pup is uniquely identified. The method is of less importance. In contrast, the Dog Breeding Establishments Bill 2010 deals with a sector in which individual pups in the dog breeding establishments concerned have hitherto not been required to be identified by any method. In that situation, microchipping was considered an appropriate method of identification.

Section 10 contains a requirement to notify the sale or transfer of greyhounds, which is important to allow for traceability and responsibility by owners. Both the person selling the greyhound and the new owner are required to notify the ICC of the change of ownership. The owner is also required to notify the ICC of the death of a greyhound. The registered owner is at all times responsible for the greyhound's welfare.

Section 11 prescribes that a greyhound bitch cannot be mated under 15 months of age. This is considerably higher than the minimum breeding age of six months specified in the Dog Breeding Establishments Act 2010. This section also restricts the number of litters that a greyhound bitch can produce to six, as there are welfare concerns with greyhounds carrying excessive numbers of litters. However, a further two litters may be permitted under veterinary certification. The ICC will not be permitted to register litters born to greyhounds in contravention of these requirements and consequently such greyhounds will not be permitted to race or be used in coursing events.

Section 12 provides for the establishment and maintenance of a register of greyhound breeding establishments. These are premises with four or more greyhound bitches over 15 months of age that have been or are being used for breeding. This is lower than the number of breeding bitches specified in the Dog Breeding Establishments Act, which stipulates that premises with six or more breeding bitches must be registered. The ICC may refuse to register a premises for a variety of reasons: if the application is not in order, the applicant is in breach of the Act or the club is of the opinion that the premises is not suitable for operation as a greyhound breeding establishment. Each registered greyhound breeding establishment will receive a registration certificate which must be prominently displayed. There will be a grace period of three months following commencement of the Bill to allow existing establishments to register.

As I pointed out earlier, the existence of the ICC's stud book means that there is already a record of all greyhounds in the industry. This legislation applies to all greyhounds registered in the studbook, irrespective of whether they are kept in registered greyhound breeding establishments. The maintenance of a register of greyhound breeding establishments facilitates greater control and allows resources to be directed at larger premises or in a manner the enforcement authorities see as most appropriate.

Section 13 states that if the ICC intends to refuse registration of a premises or make the registration subject to conditions, the applicant must be informed in writing by the ICC. The applicant has 14 days to make representations to the ICC on the matter. Section 14 further provides for procedures whereby a decision of the ICC to refuse registration of a breeding establishment or to attach special conditions to the registration of a breeding establishment may be appealed to the District Court. The District Court can order that the establishment be registered, set conditions for registration or affirm the refusal.

Section 15 provides for removal of greyhound breeding establishments from the register. This can be done by applying for an order of the District Court. The section sets out conditions which the District Court may impose. Reasons for removing an establishment from the register include conviction of the operator of on offence involving cruelty to animals, or an offence under this Act, the Control of Dogs Act 1986 or the Protection of Animals Acts 1911 and 1965; or the breaching of a welfare notice. A person who contravenes an order under this section shall be guilty of an offence. Section 16 makes it an offence to operate an unregistered greyhound breeding establishment except during the lead-in period of three months or where an application for registration as a registered breeding establishment is being considered by the ICC.

Section 17 provides for the appointment of welfare officers by local authorities, Bord na gCon and the ICC. This section also provides for reappointment and termination of the appointment of such officers. It also allows that, in certain instances, only some of the powers of the officer may be exercised.

Section 18 sets out the functions of welfare officers, including the power at reasonable times to enter and inspect premises where the officer has reasonable grounds for believing that greyhounds are kept. A welfare officer cannot enter a dwelling without the consent of the occupier or, failing consent, without a warrant issued by the District Court. The welfare officer can inspect and take copies of records kept on the premises and can require the owner, operator or employees to answer relevant questions. Owners must allow welfare officers to inspect greyhounds and provide information about the greyhounds' identities. The welfare officer can also take samples of feed or drink, search a vehicle or container and remove equipment or documents. This section also provides that the welfare officer may be accompanied by a member of the Garda Síochána.

Section 19 deals with the issuing of search warrants. A welfare officer or member of the Garda Síochána may apply to the District Court for a warrant to carry out an inspection on a premises in which the welfare officer has reasonable grounds for believing that an offence has been committed under the Act or where entry has been refused.

Section 20 deals with the issuing of welfare notices. A welfare notice can be issued where a welfare officer is of the opinion that there is a contravention of the Act or where a premises or vehicle poses or is likely to pose a threat to a greyhound's health or welfare. Welfare notices must state the grounds on which the officer forms the opinion. The notice may be served on persons in charge of greyhounds themselves, persons in charge of establishments or premises where greyhounds are being traded, bred, trained raced or coursed, or persons in charge of vehicles transporting greyhounds. Such notices may require a wide range of actions in the interests of the welfare of greyhounds. Examples include requiring veterinary advice or treatment or the provision of food or drink of specified quantity and at specified intervals. The notice can specify the numbers of greyhounds that may be kept in a particular accommodation. It can also require, upon the advice of a veterinarian, the cessation of breeding or that a greyhound be disposed of or destroyed in a specified manner. A person who does not comply within a reasonable time has committed an offence.

Section 21 deals with appeals against welfare notices. A person on whom a welfare notice has been served may appeal within seven days to the District Court. The judge may affirm the notice, revoke the notice or revoke the notice and order the person concerned to comply with certain directions. Section 22 provides that where a welfare officer has inspected a premises or served a welfare notice, he or she must within seven days send a report of the inspection or a copy of the welfare notice to Bord na gCon, the ICC and the relevant local authority.

Section 23 provides, following veterinary examination, for immediate veterinary treatment or humane destruction of a greyhound which is in pain, distress or an acute state of neglect. Obviously it is regrettable but necessary to provide for this, but I hope it is a power that most welfare officers will never be called upon to implement. The cost of doing so can be recovered from the owner of the greyhound as a simple contract debt in court.

Section 24 makes it an offence to forge registration documentation or knowingly provide forged documentation or altered registration material with intent to defraud or deceive. Section 25, which concerns obstruction, makes it an offence to obstruct a garda or welfare officer or fail or refuse to comply with a requirement under section 18, which deals with the functions of a welfare officer, or section 19, which refers to the issuing of a search warrant.

Section 26 concerns penalties and proceedings. Class A fines, currently defined as not exceeding €5,000, can be applied on summary conviction for offences concerning notification of transfer of ownership under section 10(6), providing false or misleading information in an application for registration under section 12(17), failure to display registration under section 12(18) or failure to surrender a registration certificate when required to do so under section 15(7). This section also provides for class A fines and up to six months' imprisonment on summary conviction for more major offences, including offences relating to welfare, breaching restrictions on breeding, operating an unregistered premises, failure to comply with a welfare notice, forgery or obstruction of welfare officers. Cases can be taken by Bord na gCon, the Irish Coursing Club, the local authority or the Garda Síochána. Fines shall be paid to the relevant body taking the case.

I had representations from those involved in enforcement, some of whom felt that all fines should belong to their organisation even where the case was taken by another organisation. However, I felt this was inappropriate. This section, as drafted, will be the best way to ensure an active and robust approach to regulation.

Section 27 provides that a fixed-payment-notice fine can be issued for between €250 and €1,000, which falls due within 28 days. These can be issued where a welfare officer or a member of the Garda Síochána has reasonable grounds for believing there has been an offence concerning notification of transfer of ownership, provision of false or misleading information in an application for registration, a failure to display a registration certificate or failure to surrender a registration certificate where required to do so. There will be no prosecution if payment is made within the 28 days.

Section 28 states the functions of the Irish Coursing Club may be performed by the secretary of the club.

Section 29 states the Dog Breeding Establishments Act 2010 does not apply to premises registered as a greyhound-breeding establishment under this Act.

I look forward to engaging on these provisions. I commend the Bill to the House.

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