Dáil debates

Wednesday, 15 May 2019

Greyhound Racing Bill 2018 [Seanad]: Report Stage (Resumed) and Final Stage

 

5:45 pm

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael) | Oireachtas source

The amendments would provide for a white list of countries approved for the export of greyhounds and a report on greyhound exports. Before I address the specifics of the amendments, I emphasise that the Bill is primarily an industry Bill whose purpose is to improve the governance of Bord na gCon, strengthen regulatory controls in the industry, modernise sanctions and improve integrity, as identified in a number of reports on the sector. The Welfare of Greyhounds Act 2011 and the Animal Health and Welfare Act 2013 regulate welfare matters. Bord na gCon officers have been appointed as welfare officers and authorised officers for the purpose of enforcing both Acts.

The amendments are closely aligned with Deputy Broughan's Private Members' Bill. That Bill and the amendments propose the creation by the International Greyhound Forum, IGF, of an annual white list of countries to which it would be permitted to export greyhounds. The IGF is not a legal entity but a consultative forum comprising a mixture of semi-State and non-governmental bodies, including bodies not based in the State. The Minister for Agriculture, Food and the Marine would be required to make regulations giving effect to the finalised annual white list. It is also proposed that a licensing regime would provide that the export of greyhounds to countries not on the white list or without a licence would attract a criminal sanction.

The Department of Agriculture, Food and the Marine examined the issue. We sought and obtained legal advice from the Office of the Attorney General in respect of the Private Members' Bill introduced by Deputy Broughan, which proposed legislation similar to what we are discussing. The advice was that the Private Members' Bill was incompatible with domestic and European law. The proposed legislation to ban the export of greyhounds to certain countries, EU or non-EU, would face significant legal difficulties with national and EU law and may also pose difficulties with the General Agreement on Tariffs and Trade and the obligations imposed by membership of the World Trade Organization. Even if it was legally possible to ban greyhound exports to certain countries, I am not convinced the amendments would have the desired effect. Nevertheless, I appreciate the motives of the Deputies proposing the amendments, given that they are concerned with the welfare of greyhounds, and I am not here to defend any country's record on animal welfare.

The amendments would be unworkable and impossible to enforce. The majority of greyhounds are exported to the UK. With 86% of greyhounds that are registered in the Greyhound Board of Great Britain's database being Irish bred, Bord na gCon estimates that this equates to approximately 7,000 greyhounds annually. It is not for the Department to police whether greyhounds sent to the UK or any other country are subsequently sent to another country. If the Department tried to do so, all it would do is add bureaucracy to responsible greyhound exporters and owners, while failing to prevent unscrupulous exporters from exporting greyhounds to countries with a problematic welfare record. They could refuse to give details of such a sale and, given that the UK and any other country are outside our jurisdiction, we would have no power to compel them to comply or punish them. Similarly, it would be impossible to prove in court that an Irish exporter sold a greyhound knowing it would be sold to a country not on the white list. It is for these reasons that our legal advice is that the provision is unworkable and that, therefore, it should not be included in legislation. It is important to state, however, that the Deputies and I share the aim of protecting the welfare of animals, despite our differences in respect of the amendments. The Department has a close working relationship with animal welfare charities in respect of all aspects of animal welfare.

Officials at the Department have met the welfare members of the International Greyhound Forum, which includes Dogs Trust, the ISPCA and Bord na gCon, to consider issues surrounding the export of greyhounds.

Section 28 of the Bill greatly improves the traceability of greyhounds by allowing Rásaíocht Con Éireann to make regulations on the capture of specified life events on its proposed traceability database, including the export of greyhounds. Such a traceability system will ensure better accountability by owners of racing greyhounds for greyhound welfare generally, as well as giving Rásaíocht Con Éireann the tools to identify problem areas and practices and react quickly. It will allow Rásaíocht Con Éireann to focus on the accountability of those who export greyhounds and will allow it to inform, educate and discourage those attempting unacceptable practices. Those who breach tracing regulations will be liable to the imposition of racing sanctions by the statutory independent control committee.

Board na gCon has always made it clear that it encourages and promotes the export of greyhounds only to countries that have established positive animal codes and practices. The Irish Retired Greyhound Trust, a registered charity funded by Bord na gCon, rehomes retired greyhounds abroad in the US, Canada, France, Italy, the Czech Republic, Germany, Belgium, Holland, Sweden, Slovenia and at home in Ireland. In 2018 alone, more than 1,000 greyhounds were rehomed by the Irish Retired Greyhound Trust and other charities in receipt of financial assistance from Bord na gCon.

In addition, the Welfare of Greyhounds Act 2011 obliges Bord na gCon to publish a code of practice for the welfare of greyhounds. The primary objective of the code is to set standards and clearly define what is expected of individuals engaged in the care and management of registered greyhounds. The board proposes to expand the existing code to include provisions with regard to best practice when exporting greyhounds. These will include information and guidance on the preparation of reports, transportation arrangements and advising the exporter on the need to research the proposed export destination to establish the prevailing animal welfare code and legislation.

Bord na gCon is a participant in the International Greyhound Forum, the organisation being proposed in amendment No. 1 as a decision maker with regard to the white list. At a recent meeting of the forum, Bord na gCon advised participants it would engage with and accept input from members of the forum in formulating the expanded code. The board has informed me it is fully committed to the expansion of the code and that the expanded code will be finalised when consideration of the Greyhound Racing Bill has passed through the Oireachtas.

With regard to reporting on the export of greyhounds, at present it is not possible to retrieve the information being requested by the Deputies. TRACES is the European Commission's multilingual online management tool for all sanitary requirements and is used to record the export of dogs. Approximately 30,000 users from more than 80 countries worldwide are interconnected through the TRACES tool's centralising of all data. However, TRACES does not differentiate between greyhounds and other dog breeds. As TRACES does not categorise animals within the same species, it is not possible to report on greyhounds exported to other countries. Given the difficulties in getting accurate data, the Deputies should appreciate the great difficulties that the production of an annual report on the export of greyhounds would present. At present, it is not possible to retrieve the information being requested by the Deputies and, therefore, not possible for a Minister to stand over an annual report that could be presented to the Oireachtas joint committee setting out the information detailed in the amendments tabled by the Deputies. For the reasons I have stated, I cannot accept the amendment.

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