Martin Heydon (Kildare South, Fine Gael) | Oireachtas source

I thank Deputy Mattie McGrath for bringing this legislation before the House. I acknowledge the concerns raised by him and Deputies Carthy, Quinlivan, Shanahan and Gino Kenny. They originally spoke about sulky racing but their concerns were broader than that and went into the area of horse welfare and beyond. Most people in Kildare are passionate about racehorses, much like Deputy McGrath and Tipperary people, and as a Kildare man I know this is a debate that needs to be had. I am very happy that my Department has increased the funding allocation for horse welfare, and it is something it takes very seriously, through Horse Racing Ireland. I acknowledge the concerns about some of the images of sulky racing on national roads that we have all seen.

However, when introducing new legislation or changing existing legislation, we must identify exactly what problem we are trying to solve and make sure the remedy being proposed will do that. As legislators, we must be careful of unintended consequences, and certain associated activities could be impacted by the introduction and amending of legislation that was not necessarily planned for.

It is important to reiterate that sulky racing in and of itself is a legitimate activity, provided it is carried out in an appropriate location. Sulky racing is one thing, but for sulky racing to take place on national roads without authorisation is completely different. Sulky racing itself is legitimate if carried out in an appropriate location in a safe manner, having due care and consideration to other road users, with animal welfare and well-being being absolutely paramount. It must be done in compliance with all relevant legislation, including local government, road safety, public order and animal welfare legislation, as well as any local by-laws. In introducing new legislation we need to ensure existing legislation does not have the same purpose and address the same issues. We need to ask if an issue requires legislation or if we just need compliance and implementation of existing legislation. We must also ensure that in trying to address an area of concern, we do not ban or outlaw other legitimate activities as a consequence and possibly by mistake.

I reassure the House that the animal welfare issues raised by the Deputies are already covered under the Animal Health and Welfare Act 2013, which is significant legislation. I was a member of the Select Committee on Agriculture, Food and the Marine when it was passed and we spent a lot of time on it. Additionally, the issues regarding the use of public roads are already covered by the Roads Act 1993. Holding unauthorised races on public roads that are open to traffic is very dangerous. As the Minister made clear earlier, anyone who holds such an event without the required authorisation is committing an offence. More generally, the use of all vehicles is subject to the relevant provisions of the Road Traffic Acts, and local authorities have the powers to introduce by-laws regulating activity involving horses in their areas. All races involving sulkies or other horse-drawn vehicles must be done safely, in accordance with the law and having due care to animal welfare.

The Animal Health and Welfare Act 2013 provides robust and wide-ranging protection for all animals, including horses and ponies used in any kind of racing. Anyone employing animals for any purpose must comply with this Act, including sulky drivers. The Act prohibits people from carrying out an activity in a manner that causes unnecessary pain, suffering or endangerment to the health or welfare of animals in their control. The Act ensures protection of animals used in sulky racing, and this is the focus of the Department of Agriculture, Food and the Marine. Racing is a sport and so comes under the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media, and the use of roads comes under the Department of Transport, but animal welfare is the responsibility of my Department and one we take very seriously. My Department works very hard to raise awareness of the importance of good horse care and welfare among sulky participants and the owners and keepers of trotting horses.

Under the current programme for Government, the Government is committed to continuing robust enforcement of the Animal Health and Welfare Act 2013 and increasing investment in animal welfare, horse welfare in particular. I take on board the concerns raised by Deputy McGrath and others in their contributions today. My Department is happy to engage with them and the Joint Committee on Agriculture and the Marine, to which Deputy Carthy referred, regarding the role of the Animal Health and Welfare Act 2013, as is the Department of Transport on its role regarding the Roads Act 1993.

I again thank Deputy Mattie McGrath and the other Deputies for their contributions, but as I have outlined, legislation currently exists to deal with this issue. As Deputy Gino Kenny pointed out, it is not always easy to catch this activity that happens on motorways and roads. I understand Deputy McGrath's concern, but the legislation is there and this is about its enforcement. We are dealing with the issues of animal welfare but we are always open to discussing those more, whether here or at a committee.

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