Dáil debates

Wednesday, 19 September 2012

Animal Health and Welfare Bill 2012 [Seanad]: Second Stage

 

5:25 pm

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance) | Oireachtas source

Like other speakers, I welcome the Bill. The Government has been positive in putting what is clearly substantial work into this Bill, which is long overdue. It is over 100 years since the primary legislation in this area was put on the Statute Book in 1911. We are long overdue in updating that legislation to ensure a greater level of protection for animals and put in place controls to prevent cruelty. The other aspect of the Bill concerns disease control, and we are all aware of that, given the foot and mouth disease scares and other outbreaks of contagious disease. It is important that legislation is updated to empower the Government and its authorities to take action and put in place measures to control disease. This is welcome.

With regard to animal welfare and preventing cruelty, my colleague, Deputy Daly, has indicated that we should be more specific in action to protect animal welfare and the prevention of cruelty. The Bill acts positively in this regard, including issues like abandonment as a form of cruelty, as well as not looking after animals and pets. There are also measures to prevent people engaging in acts of animal fighting, mutilation, laying of poison without control, the sale of animals to minors, etc. There are increased penalties when people engage in animal cruelty or do not ensure the proper welfare of animals in their ownership. All of these measures are positive, including a regime of authorised inspectors.

As Deputy Daly noted, it is difficult to square these positive measures and commitments, upgrading the level of protection for animals, with a background of staff numbers being run down in local authorities as a result of the public sector recruitment embargo. It would be interesting to hear from the Minister how he intends to square that circle. There is a problem with pious aspiration, legislative or otherwise, if it is not matched with resources. We will meet that issue in dealing with the referendum on children's rights and the Children First guidelines as well. It is very well to have legislative protection but if there are no resources to back them up one wonders what they mean and how they can be enforced. There are serious questions to be answered by the Government in that regard.

Perhaps the next issue is a bit parochial, although I am sure it is a problem in many places. In bringing forward this Bill the Government is stating a commitment to animal welfare and an improved regime to ensure this occurs. We must think about how local authorities may facilitate animal owners in ensuring they can provide for animals. In my own area there is a big dispute between dog owners and local authorities about the right to walk animals on the beach. There is a real issue concerning users of the beach, including children, who may be afraid of dogs, against the right of animal owners to exercise the animals. Exercise for dogs is very important in a proper care regime, and not walking a dog or exercising an animal can amount to a form of cruelty.

This may be a matter for the Minister for the Environment, Community and Local Government but we must ensure that local authorities understand that they must try to provide facilities in this regard, including off-leash hours or designated areas in parks. It should not be an ad hoc process from local authorities but rather a regime to accommodate people. There should be a process of consultation with animal owners and other stakeholders so that reasonable compromises can be attained between animal owners and local authorities. There is concern about disputes but we must ensure the welfare of animals in that regard.

As Deputy Daly indicated, the gaping omission in this Bill is that although animal cruelty is well defined, along with the need to make it illegal to engage in cruelty against animals, there are two specific opt-outs in the areas of hare coursing and fox hunting. That is unacceptable and difficult to understand. What possible justification is there for this when cruelty is so well defined as causing unnecessary suffering to animals? How can the Minister indicate that cruelty in some circumstances can be allowed, justified or excluded from the provisions of the Bill that try to establish a humane regime for the treatment of animals?

The Minister simply cannot justify this exclusion and he should not do so.

The Bill needs to be amended in this regard because hare coursing involves cruelty to animals in all the ways described by Deputy Daly and fox hunting also involves cruelty and suffering for animals. It is not something the vast majority of people in the country want or support. Outlawing this form of cruelty does not endanger traditional pursuits because, as has been well debated and discussed and I do not need to inform the Minister of it, there are humane alternatives whereby such activities can be carried on in other ways such as through drag coursing which do not require the suffering of animals. The Minister should take his lead from Northern Ireland where hare coursing has been banned and we should do the same. There should be no exemptions. Cruelty to animals is cruelty to animals and it should not be allowed. I welcome the Bill but it is important that the Government makes these amendments and removes the exclusions on hare coursing and fox hunting.

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