Dáil debates

Wednesday, 6 February 2019

Greyhound Racing Bill 2018: Second Stage

 

7:50 pm

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour) | Oireachtas source

I never walked in my life. I come from a constituency that has two good greyhound racing tracks in Mullingar and Longford. They have survived through recessions and downturns over the years with great resilience. We need to make it attractive for people to visit those tracks. An allocation of funds is supposed to come from the IGB to Mullingar, and it is needed. The tracks offer family outings but we need to get this message out there and get away from it being office based. There are 18 greyhound tracks in the State and we need to sell the idea that they are attractive for a night out. The 2014 Indecon report and the 2015 report into the greyhound industry by the Oireachtas Joint Committee on Agriculture, Food and the Marine were part of a number of precipitating calls to action that have served as the genesis for significant change in the governance, integrity and welfare of greyhounds. The Minister of State, Deputy Doyle was the chairman of that committee at the time. I served under him and he was an excellent chairman. There was also the Morris Review of Anti-Doping and Medication Control in Ireland. It took a while to get that report out of the bag as it was slow to come out from the Department. The review was commissioned by Bord na gCon and published in July 2016. It made sobering reading. The necessity for proper sanctions in cases of transgressions was well documented and set out.

The legislation deletes a number of the provisions of the Greyhound Industry Act 1958 and replaces them with strengthened provisions, which is important. Clearly, and correctly, they aim to strengthen the sanction regime for breaches of the greyhound regulations. There is no place for illegal activity in any sport, not least the greyhound industry. All that is wanted is a fair and sporting chance for every dog owner who owns a dog, who pays the fees and enters it in a race. It is about the level playing pitch.

I refer to the substantial taxpayer's funding provided directly by the State to allow the sector to develop. This is done through the Horse and Greyhound Racing Fund, and it is €16.8 million this year. I supported that funding, but it is incumbent on all stakeholders to get maximum value for the significant State investment, and, at a minimum, to comply with strict governance procedures and ensure the integrity of the industry is never again subject to compromise in any shape or form. The taxpayers could, rightly, start to ask questions.

We are all aware of the sale of the Harold's Cross stadium, and that the greater portion of the sale proceeds were used to alleviate a significant debt that Bord na gCon had accumulated over the years. One hopes that such a state of affairs will never arise again given the new governance procedure and structure that has been put in place. That period certainly left a sour taste in the mouths of many people. I also hope that the €6 million left over from the sale will be used for necessary infrastructure improvements and refurbishment of stadium facilities across the State. Perhaps the Minister of State could find out when funding is coming to Mullingar and Longford. These are two well established tracks in the midlands that serve Meath, Roscommon and all around that area. They are very fine tracks.

The pre-legislative scrutiny permitted the committee to hear submissions from a wide array of stakeholders and interested parties, and the senior officials in the Department who are dealing with the Bill. As a result we put forward a number of amendments, some of which have been incorporated into the Bill. The recommendation pertaining to the export of greyhounds appears, however, to have been excluded. This is regrettable because we had a detailed submission in that regard. The committee also heard compelling arguments and proposals from the Irish Dog's Trust, the ISPCA and others, which struck us as valuable and cogent. We were taken by the force of same. I would like a detailed explanation from the Minister of State on why those recommendations have been excluded and if they could be re-evaluated to strengthen the Bill.

I sincerely hope that the change of name provided for under section 8, from Bord na gCon to Rásaíocht Con Éireann, is more than cosmetic window dressing. It should represent a new beginning: more transparency at all levels, a greater emphasis on the welfare of the animals, and improved board governance and structures and regulations. The board size will increase from six to eight members and each member will come from an appropriate discipline. An accountant is needed on the board while a member to represent the owners is also needed. Owners are a diverse group but somebody needs to represent them as well. We also need to have somebody representing the trainers. We need the people who are on the ground, but we also need people from various disciplines, including animal welfare. I do not mind if animal welfare people are there: they should be in there and there is no reason they cannot be there. Everybody has something to contribute. I hope that they will represent the dog owners. I would say fair play to the Minister of State for the provision of a maximum term for board membership. It is about time. Some people got in there and it was harder to get off the board than it was to get onto it. The board will be refreshed. It should not be allowed to go stale. These provisions are all being laid down in primary legislation so it can brook no argument or entertain any ambiguity from here on. It is consistent with the much vaunted code of practice and governance, and I anticipate that it will add significant improvement. Clearly, any board member who has any interest, however remote, on any matter being discussed or considered should disclose that interest and then go out the door at 150 mph and not even look back. The board member should have no further part or participate in any voting and should be out of it. Before the meeting, he or she should know if anything is to be discussed that might offer a conflict of interest, in which case the board member should send apologies and not attend that meeting.

9 o’clock

I note the legal framework provided for in the Bill to ensure that resources are provided for the welfare of greyhounds. That is important. We received submissions from the various organisations that deal with greyhounds and I am delighted to see the framework incorporated. The Bill also incorporates many of the recommendations of the Indecon report pertaining to the functions of the chief executive, day-to-day operations and the functions of the board. That is all set out now so no one can come to the Minister and say he or she thought something was all right. It is only all right if the legislation says so. As such, I will brook no excuses or listen to any nonsense from here on.

The Bill will ultimately improve the reputation of the industry, which is not confined to these shores. The export industry is very important. Most of the greyhounds that run in England originate in Ireland. Sanctions are widely accepted as fundamental to restoring and maintaining the reputation of the greyhound industry. Overall participation and support for the industry is predicated on the involvement of the general public. That includes the taxpaying public, who are providing an invaluable subvention, being certain that greyhound racing is a fair and competitive sport. Integrity and probity are fundamental and appropriate in a sport such as this and there must be appropriate sanctions which can be implemented immediately at administrative and criminal level. A robust system of sanctions is vital and necessary in order to protect the welfare of the participating dogs and the credibility and integrity of the sport . I recall the appearance of representatives from Greyhound Racing Integrity Ireland before the joint committee to support the idea of graduated sanctions linked to the severity of offences. Implementing criminal sanctions, with all that requires, is not readily done. To prove a breach in a criminal case involves a lot of preparation and represents a significant challenge. Nevertheless, such sanctions should be in place as deterrence is critical. The message must be sent that there will be no more tolerance of illegal activity.

I do not have time to outline my views on each section. The Minister has done so in any event. As such, I will focus on a particular few. Sections 9 and 10 provide for the governance structure and time periods for the new board. The Minister for Public Expenditure and Reform may terminate appointments to the board, including where a board member is adjudicated a bankrupt or is found guilty of offences related to the greyhound industry, animal welfare, fraud or dishonesty. I wonder about bankruptcy, given that a bankrupt may now stand for election to the Dáil. Is that fair? I am sure the Minister has an answer.

Section 7 curtails the board’s ability to borrow unless it has the consent of the Minister for Public Expenditure and Reform acting with the approval of the Minister for Finance. It can borrow €25,000. We must ensure the board can borrow enough without having to run up and down to the Department. The approval of the Minister is vital in terms of oversight.

Sections 20 to 22, inclusive, are important and provide for the making of regulations in respect of racetracks and sanctions for class A fines. Prohibitions on certain beneficial interests in the business are important too. Section 21 is important in the context of the extension of regulatory powers to promote integrity and fair play.

Section 27 provides for the regulation-making powers of the board in the areas of doping control and the administration of substances to greyhounds. The board may list prohibited or permitted substances, set out residue limits, withdrawal periods and thresholds of tolerance, require records for the administration of substances, medication control, provide for the use of advice and recommendations from the scientific advisory committee and outline the processes to be followed at all steps.

Section 28 provides for regulatory powers in respect of the traceability of greyhounds, which is of great importance for owners, breeders, trainers and when it comes to the registration of racing greyhounds. A traceability system captures all of the many life events of greyhounds. A comprehensive training database is to be established.

Sections 35 to 40, inclusive, deal with the appointment and investigative powers and functions of the authorised officers. This is being done for the first time and outlines the powers in full regarding the specified functions. I am of the view that the Attorney General had a fair look at this. It is now a statutory framework, clearly established, with control committees and a requirement to ensure fair procedures at every step in committee hearings. Provision is also made in respect of the sanctions committees can apply. Appeals committees are likewise bound by fair procedures.

Section 54 relates to certificates to be issued by testing laboratories in the case of adverse analytical findings. I see elements tantamount to the provisions in drink-driving legislation where a certificate is also conclusive proof.

Section 59 was debated at the committee and is important in respect of the application of the Welfare of Greyhounds Act 2011. It provides that only progeny produced in compliance with sections 11(2) and 11(3) of the 2011 Act may be registered. The first to the seventh litters - and the eighth following certification - are permitted to be registered in the Irish greyhound stud book. It will be an offence to attempt to register litters not in compliance with the Act, which is important. This matter was also raised with the joint committee and the Government has taken note.

As Deputy O’Keeffe stated, most owners and trainers love their greyhounds and care for them. It is like everything in life; only a small few commit significant transgressions. Most owners are based in rural areas and provide their animals with wonderful care. It is a very small number who have led to the identified deficiencies in the governance of the industry and in greyhound welfare and general standards. The Bill deals with the issues that have been highlighted. There is a necessity to ensure that greyhounds are cared for as they reach the end of life, including by way of rehoming. The Minister has dealt with that and fair play to him. Resources are important for the organisations which provide that necessary care. As Deputy Cahill stated, greyhounds make lovely family pets. Dogs of all types are extremely faithful.

The new CEO appears to have hit the ground running and is prepared to interact with Members of the Oireachtas to discuss relevant issues. That is important. There can be no more ivory towers. He must maintain that stance and the board should be ready to come to the Houses to make its case. The members should not have the CEO at their hind ear the whole time. He should come in on his own to make his case and the members should be coming before the joint committee also.

At €16.8 million, this year's money from the horse and greyhound racing fund could be up to 40% of the total income of the greyhound industry. That level of dependence on State subvention is not sustainable. We all know that it will not last. That is why I talk about the last chance saloon. As Deputy Cahill noted, the industry must make its product more attractive. The people must be brought through the turnstiles. The old way will not do. New ideas and new attractions are needed to make it worthwhile and the integrity and probity of the sport are critical in that regard. People will go when they are convinced. The sooner the industry is as financially independent as possible, the better it will be for all concerned. There will always be a requirement for some State input, but efforts must be made to improve the financial situation of this important industry.

The central objective of the Bill is to root out neglect and cruelty in the industry through a significant focus on welfare. The Bill seeks to eradicate the misuse of drugs and will be an important step forward. There is a significant focus on testing facilities and analysis. A new strategic plan is envisaged. The current strategy extends to 2021 but it might be prudent to have an interim review in the next 12 months to see how it is progressing. We need a white list of appropriate countries for exports which have proper animal welfare regimes. This area remains somewhat grey as we do not have precise figures on the number of dogs being exported. We were informed during committee deliberations that some destinations for dogs exported from here have questionable records and even proven deficiencies. That is not something we can support. The need to ensure the welfare of greyhounds is fully protected in destination countries is not adequately addressed in the Bill, which is a worrying shortcoming. A very strong case was made to the joint committee in this regard. In broad terms, however, the Labour Party welcomes the legislation. Legacy issues, such as the scandals we have seen in the industry, should now be eliminated. There is an opportunity now to turn over a whole new leaf by ensuring that penalties for offences fit the crimes.

The Minister said there would be a power to appoint members to the board. The opportunity should be taken to ensure that there are representatives of owners, trainers and other relevant stakeholders. There should also be a member who is qualified in respect of welfare issues such as a veterinary practitioner or representative of the industry. A great deal of promotional work falls to be done. When the Bill is enacted, the opportunity will arise for the new board and CEO to travel with a roadshow to advertise the attractions of a well-run industry. The Bill is a good start and it has been a long time in gestation.

Our minds were sharpened. Some of us, such as Deputy Cahill, are very experienced in this area. We had the same process with the Horse Racing Ireland Bill. It was very slow, tedious and arduous down in the bunker and everybody looking at the Dáil thought we are away from the place altogether and that we were dodging but we were down there giving a lot of valuable time and input and we were learning, which is important. None of us is so intelligent that we cannot learn something new and we have learned a lot, but various areas, to which I have referred, need sharpening and tightening. If we have to address them with more severe sanctions, we will have to look at that. I know they will have to be subject to overview by the Attorney General, and I appreciate that more than anybody else. Nevertheless, we owe it to the people who pay their taxes to make sure the industry is above reproach with regard to its integrity, probity, governance and sanctions and, of course, with regard to the welfare of the animals. This is why the places to which we export our animals must be examined and scrutinised to ensure appropriate standards are implemented there. The Labour Party is very supportive of the Bill.

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