Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I welcome the opportunity to speak on the Bill. I thank the Minister for initiating it and bringing animal welfare legislation into the 21st century. As many Members on the Government side have spoken about agriculture and animal husbandry, I will concentrate slightly more on the domestic and companion element of the Bill.

I am confident the Bill will provide a shift from merely outlawing cruelty to animals, as outlined in the Cruelty to Animals Act 1911, to placing a positive obligation on animal owners to maintain the welfare of any animal under their care. It is hard to believe it has taken us this long and the involvement of several Ministers and that it is only now that legislation on this area is being brought into the 21st century, particularly as animals are so important on a small island like Ireland and we place such economic importance on them.

The Bill contains many welcome provisions such as stiffer penalties for acts of cruelty and a hotline for reporting offences. It rightly carries over the prohibition on cock fighting and badger baiting from the 1911 Act, which is the heinous act of setting roosters against each other to inflict pain and injury, as is the use of dogs to attack a badgers in badger baiting simply for the amusement of onlookers. Illegal dog fighting thrives in a lax society and, unfortunately, this has certainly been the case in this country for the past number of years. The laws have been so antiquated that it has rendered it difficult to prosecute offenders. Our country has been tainted by the images that have been reported in the media in this regard. It is a dangerous and despicable practice and I welcome the Minister's concentration on this issue, with the increase of penalties in this area.

I draw the Minister's attention to the Smithfield horse market which takes place on an annual basis and has rightly been targeted by animal health activists and the Garda over the years. Horse racing and trotting on city streets and roads is a form of cruelty and it is an image I unfortunately see on a regular basis in my constituency of Carlow-Kilkenny. It also endangers pedestrians and other road users. There is an element of cruelty involved and it is an area that should be kept under review. I appeal to the public to engage in the public consultation process that is taking place around the Smithfield horse fair.

The legislation also provides that the sale of an animal to a minor, that is, anybody under the age of 16, is prohibited. I believe that age should be raised to 18. In terms of people who have good intentions towards animals, when a child reaches the age of 16 their parents will be able to engage in that practice as well, but I believe the age should be raised to 18. One of the basic tenets of animal rights is that animals should be free from abuse and be maintained in a humane way. However, it still happens, and with the recession it is happening even more, that pets are bought as presents at Christmas, only to be abandoned weeks afterwards.

The Animal Heaven Animal Rescue Centre in Kerry highlights the level of animal cruelty and neglect that still exists in Ireland. The centre, founded by Suzanne Gibbons in 1991, is a rescue centre for all animals. An average of more than 1,500 animals a year are rescued by the centre. Due to the amount of unwanted pets and neglected animals, the centre relies heavily on donations. It is difficult to accept in this day and age, in a developed country with so many highly educated people, that sometimes the treatment of animals is still so lax. It is said that the measure of a society is how it treats its vulnerable but a measure of a society is also how it treats its animals, and I am not expressing a sentimental point of view or the perspective of animal rights people. There are very moderate people who believe that animals have rights as well and that the contract between humans and animals is extremely important, even if one were only to consider it from a cold economic perspective. How we treat our animals is also a measure of how intelligent, modern and educated is our society.

In that regard, I welcome the introduction of on-the-spot fines following inspections by authorised officers. However, I would welcome clarification from the Minister on section 2 surrounding powers of enforcement, namely, those of authorised officers. The Bill defines an "authorised person" as a member of An Garda Síochána or an officer of Customs and Excise. Unfortunately, there is a level of ambiguity surrounding paragraph (c), which states that an authorised officer may be appointed by the Minister under section 37. That section states that the Minister may appoint any person or group of persons as he "considers appropriate to be authorised officers". Will the Minister provide some clarity as to what type of person or class of persons he has in mind and how he intends to measure their appropriateness for the role, as it may be left open to varying degrees of interpretation in its current format?

Section 23 deals with the humane destruction of animals where, in the opinion of an authorised officer or veterinary practitioner, "an animal is fatally injured, an animal is so severely injured, diseased or in such pain or distress that, for the alleviation of its suffering it should be killed, to prevent further suffering ... or an animal is a danger to life and property".

In these limited circumstances, the animal may be put down in a manner that will inflict as little suffering as possible. While I agree with the amendment, I request that the Minister take into consideration that it is not always possible to attain the services of a veterinary practitioner within a reasonable time. It is important we are aware of the realities of what happens on the ground when a veterinary practitioner is unavailable and that it may not be necessarily in the interest of the animal's well being.

Ireland has fast become recognised for its contribution to the food sector. I am delighted to see issues of food safety and security have been incorporated in this Bill in the effort of enhancing our already excellent reputation on a global level within this sector. Agribusiness has become an area of significant growth and importance for our economy. Therefore, it is vital that we do not submerge ourselves in bureaucracy while trying to implement controls for the protection and subsequent welfare of animals within our care. I welcome the Minister's efforts in this regard.

It is imperative that we maintain our traditional approach to farming, which has so far contributed to our success on a national and international level. We are an island of small to medium-sized farms that is successful in the production, management and growth of its exports - a far cry from the American corporate-controlled food industry with its large factory farms, which produces food that is unhealthy and environmentally harmful to animals and employees. I am not sure if the Minister is aware of the very large abattoir closed down recently. Dairy cattle that did not produce enough milk were sent to the abattoir, supposedly to be humanely killed. However, the practices in the abattoir were despicable and the authorities saw fit to close it down completely.

I welcome the Bill and commend the Minister on its introduction. I ask the Minister to continue to review the legislation in the area of hare coursing. This morning, I discovered that hares are at an endangered level. I take the point that many people are employed and that it is of economic importance. If the practice is to the detriment of a particular species, it must be well regulated and continually monitored. What is the status of the Minister's report on fur farming in Ireland? Does he intend to bring it before the House soon?

Perhaps I can make one suggestion to the Minister. We should introduce education on how we look after animals and responsibility for animals at primary level. This does not arise from a sentimental point of view; it demonstrates how good a society can be if it can look after animals well. I draw the attention of the Minister to the research showing much improved levels of rehabilitation in prisoners when they have access to animals and pet ownership. Our interaction with animals is very important. I understand the economic point of view but, from a humane point of view, it is important to portray ourselves as a good society. I congratulate the Minister on introducing the legislation.

See this speech in context