Dáil debates

Thursday, 24 November 2022

Dog Breeding Establishments (Amendment) Bill 2021: Second Stage [Private Members]

 

6:15 pm

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank Deputies Tóibín, Canney and Grealish for bringing forward this Private Member's Bill. I am pleased to inform the House that the Government is not opposing the Bill.

I have two dogs myself, a miniature Yorkshire terrier called Rusty and a King Charles spaniel called Lady. Like everybody else, they are part of the family and we would be heartbroken if anything happened to them. I think that is the case for many people. Whether it is an elderly person living alone or a young family, often the entire household revolves around the dog: whether they have been fed or walked or if the dog took a shoe. These are all familiar questions in any household with a dog.

Hallowe'en has just gone by. We always want to make sure the dogs are safe and sound before the fireworks start going off because we know the noise stresses them out. It is the same story if there is thunder. It is always one thing or another. We are always on the lookout to make sure the dog is okay. There is a fair bit of work in that. Sometimes they might tear socks, dig up the flowerbed or do their business somewhere they should not and then you put your foot in it, but the fact of the matter is that we would not be without them. What we get back in return is the most loyal friend and companion we could ever ask for. You always get a friendly welcome when you come home at the end of the day. We had a long day yesterday. No matter what time we get home, the dog is always glad to see us. That is why it is so horrifying to many of us when we hear of instances where dogs are not treated well or they are subjected to cruelty. Whether it is in dog breeding establishments, DBEs, which tonight's Bill relates to, or whether it is in a home, as far as I am concerned if a person is not going to treat a dog right then he or she should not have one.

The proposals outlined in the Bill are broadly in line with my Department's overall objective to promote responsible dog breeding in Ireland. I assure the House that they will be taken into consideration by my Department in the preparation of amendments to the Dog Breeding Establishments Act 2010, on which work is already under way. As Deputies will be aware, the Dog Breeding Establishments Act 2010 regulates the operation of dog breeding establishments. It is important to say that local authorities are responsible for all operational matters in relation to DBEs, including the licensing, monitoring and inspection of dog breeding establishments and, where a serious and immediate threat exists to public health or animal health and welfare, for the closure of such establishments. All local authorities must establish and maintain registers of dog breeding establishments and the Act prohibits the operation of unregistered establishments. I welcome many of the proposals in this Bill. I agree that we need enhanced enforcement by local authorities to ensure that dogs in dog breeding establishments are kept in appropriate conditions. None of us want to see dogs kept in substandard conditions. I believe consultation with local authorities and other key stakeholders will be required on some of the proposals as they would have operational implications for the work of the local authorities on the ground.

I also welcome the proposals to increase the maximum fines for convictions under the Act to €10,000. For the information of the House, I might use this opportunity to outline the role of my Department in this area, and set out its responsibilities regarding dog breeding establishments and dog control. Legislative and policy responsibilities in relation to the Dog Breeding Establishments Act 2010 and the Control of Dogs Act 1986 transferred to my Department from the then Department of Housing, Planning, Community and Local Government in July 2017, when the Department of Rural and Community Development was formed. Since the transfer of these functions, my Department has carried out several reviews of this area of work to ensure that the legislation is fit for purpose, to seek to make improvements where appropriate and to promote responsible dog ownership.

Each year, my Department publishes comprehensive annual statistics on local authority dog-related activities. These cover, for example, information on stray and unwanted dogs, dog licences, enforcement actions and the operation of local authority dog shelters and dog breeding establishments. These statistics are available on the gov.ie website.

Information on dog breeding establishments is also collated. The number of such establishments in 2021 was 245. This figure includes 92 commercial dog breeding establishments, 83 hunt clubs, 49 commercial boarding kennels, 17 animal welfare shelters and four training kennels.

In order to provide a full picture of the work carried out on dog breeding establishments, it is important to understand the role of other arms of Government with responsibilities in these areas. The most important aspect of work relating to dog control happens at the front line. The local authorities are key in this regard. They are responsible for all operational matters relating to dog breeding establishments, including the licensing, monitoring and inspection of dog breeding establishments, and in very serious cases, for the closure of such establishments. Local authorities are also responsible for the enforcement of certain legislation in this area. For example, under the Control of Dogs Acts, local authorities have the power to issue dog licences, appoint dog wardens, provide dog shelters, seize dogs, impose on-the-spot fines and take court proceedings against dog owners, where appropriate.

My officials co-operate closely with the local authority veterinary service to ensure that we do what we can to support the vets in their work.

This includes facilitating training and information days for the vets.

My Department also has a close working relationship with the Department of Agriculture, Food and the Marine, which is responsible for the Animal Health and Welfare Act 2013, and a statutory instrument made by the Minister for Agriculture, Food and the Marine under that Act includes provisions relating to the microchipping of dogs. That Department also oversees regulations on the sale, supply and advertising of pets, including dogs.

On 13 October, the Oireachtas Joint Committee on Agriculture, Food and the Marine published its report on issues impacting on dog welfare in Ireland. One of the main recommendations in that report is that legislation relating to dog breeding establishments and dog control be brought under the remit of the Department of Agriculture, Food and the Marine, and I think there is merit in this recommendation. Many Deputies probably assumed that that Department, as the lead Department for animal welfare, would take this Private Member's Bill, but I think having all of the relevant legislation under one Department's roof would be preferable and I will engage with the Minister, Deputy McConaIogue, on this.

In line with my commitment to the responsible breeding of dogs and as a result of my Department's close relationship with both the local authority vets and dog welfare groups, I am well aware of the need to tighten up on the operating standards in dog breeding establishments. As part of that work, my Department initiated a public consultation in 2017 and, as a result of that consultation, revised guidelines for the operation of dog breeding establishments came into effect in January 2019. They now form part of the framework within which local authorities carry out inspections and issue improvement notices where required. Having taken on board the stakeholder views, we ensured a substantial shift in focus within the revised guidelines towards the welfare of dogs and pups in dog breeding establishments. We know that better socialised pups, housed in appropriate accommodation, make for better pets. Where there is a focus on socialisation in the first few weeks of life, there is a smoother transition to life in a family home. The revised guidelines also placed emphasis on the need for accurate record-keeping by dog breeding establishments and set the staff-to-breeding-bitches ratio at 1:25. This was a key shift from the original guidelines, which did not stipulate a ratio.

As part of our drive to review and improve legislation in this area, work is ongoing in the Department on a review of the legislation and proposed amendments to both the Dog Breeding Establishments Act and the Control of Dogs Act. In respect of dog breeding establishments, we are considering, for example, strengthening the enforcement regime by introducing additional penalties for offences and allowing for fixed-payment notices. We are also proposing additional amendments to ensure local authorities can inspect de-registered premises and seize dogs when warranted due to welfare and other issues.

Some other amendments under consideration in respect of the Dog Breeding Establishments Act include requirements for dog breeding establishment operators to ensure dogs are adequately socialised and habituated; strengthening the enforcement regime by introducing additional penalties for offences and allowing for fixed payment notices; amendments regarding the deregistration process; allowing for the seizure of dogs when warranted due to welfare and other issues; and the introduction of dog breeding establishment fee bands. For example, larger dog breeding establishments may require more on-site inspections and follow-up actions warranting increased fees. In the context of this work, my officials will also review all the recommendations of the joint committee’s report I mentioned earlier.

I reiterate I am in broad agreement with the thrust of the proposals in the Bill. They will be fully examined and taken into consideration by my Department in the preparation of amendments to the Dog Breeding Establishments Act 2010, which I hope to bring forward early in the new year.

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