Simon Coveney (Cork South Central, Fine Gael)

I thank Deputy Maureen O'Sullivan for raising this issue again. Earlier this year I responded in detail to questions put down by the Deputy regarding the matters to which she now refers, which is the welfare of horses. I explained, in my earlier replies to the Deputy, my Department's responsibilities with regard to the welfare of horses and the options open to an individual should he or she wish to refer or progress complaints relating to the welfare of horses.

My Department's responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only, that is, animals normally bred or kept for the production of food or for use in the purpose of farming. The relevant legislation in the matter raised by the Deputy is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010. Animals "used in competitions/shows, cultural or sporting events or activities while so being used" are outside the scope of my Department. Accordingly, it is clear that complaints relating to the welfare of horses in training, which I believe is to what the Deputy is referring, are not covered by this legislation and, thus, currently fall outside the remit of the Department.

The principal statutes governing cruelty to all animals, including race horses, in this country is the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act 1965. Responsibility for enforcing this legislation rests with An Garda Síochána which may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.

Rather than reading the rest of this reply, I will make a few other points. We are changing this nonsense because it is ridiculous that my Department cannot follow up on a welfare query in regard to race horses or other horses for that matter. I introduced the Animal Health and Welfare Bill in the Seanad last week, the purpose of which is to bring legislation together to try to stop this type of thing happening where, essentially, there is no Department, apart from the Department of Justice and Equality, through the Garda, with which people can follow up on complaints such as this. The Deputy will see significant legislative change on which she will have an opportunity to contribute in the coming weeks when that Bill is brought before the Dáil.

Additional information not given on the floor of the House.

I have clarified to the Deputy in the past that my Department has no role, or jurisdiction, in resolving the issues referred to and that it is for the owner of the race horses to decide if she or he wishes to report matters to the Garda or indeed if he or she wishes to institute civil proceedings. It is my understanding that complaints made to the regulatory bodies have been investigated and the outcome of those investigations have been made known to the complainant.

The programme for Government 2011 contains a commitment to strengthen legislation on animal cruelty and animal welfare. The main vehicle to fulfil this commitment is the new Animal Health and Welfare Bill which consolidates and updates existing legislation in the area of animal welfare and brings the responsibility for the welfare of all animals under the remit of my Department. The Bill is currently being considered by the Oireachtas.

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