Verona Murphy (Wexford, Independent) | Oireachtas source

The current punishment levels for those found guilty of stealing a pet are simply too soft. I thank my colleague who is predominantly responsible for this Bill but I am very proud to support it.

Last night, I posted some information on Facebook about the Bill and early this morning, I received an email from a constituent which stated:

I am [a] Wexford based [constituent] and I run a Group on Facebook Missing Stolen Animals Ireland which I set up in 2020 at the height of pet theft during lockdowns. Over the past two years I’ve witnessed the pain and loss dog owners have gone through, the frustration of these thieves not being caught or punished. Dogs stolen in 2020 that are still missing from their families now. I have just over 10,000 members from every corner of Ireland. Animal lovers who are 100% behind a change in legislation.

I’ve been doing some research on The Aontú Pet Theft Bill which passed the 1st stage of the Dáil 27/1/21. I also have been in contact with Aontu’s Emer Toibin. I was happy to read your post and see that you will bring the Bill to the floor [alongside your colleague Peadar] tomorrow evening.

When I look back on the number of dogs of which were shared on Facebook and in my group specifically:

- I recorded 91 dogs missing/stolen from 1st of January 22 to the 5th of July 22.

- I also added up the number missing/stolen from the 6th of July to the 16th of October [There were] 84

- Therefore the total from 1/1/22 - 16/10/22 = At least 175 dogs missing/stolen in Ireland.

There may be more not shared on social media and this would bump up the total figure for 2022 even more.

I cannot emphasise enough the impact this is having on families across Ireland. The not knowing, their much-loved family member vanished without a trace and feeling let down by the system [which will not] help them.

The explanatory memorandum for this Bill states: "The purpose of this Bill is to provide for a mandatory minimum sentence for theft and certain related offences concerning pets." It also states: "Section 2provides for the Short Title to the Bill and its commencement." It further states:

Section 1introduces a new section into the Criminal Justice (Theft and Fraud Offences) Act 2001." This new section provides for a mandatory minimum sentence for adults who commit theft or certain related offences concerning pets, and defines the term ‘pet’ for the purposes of the section.

The Bill states:

(1) Where— (a) a person is guilty of theft, burglary, aggravated burglary, robbery or handling stolen property, and

(b) that offence—

(i) relates to property which is or includes a pet, and

(ii) was committed after the person had attained the age of 18 years, the sentence imposed on that person on conviction shall not be less than 10 months imprisonment.

(2) The operation of the period of 10 months imprisonment specified in subsection (1) shall not be suspended in whole or in part by the sentencing court.

(3) This section applies to a person in respect of an offence referred to in subsection (1) only if that offence is committed after the coming into operation of the Criminal Justice (Theft and Fraud Offences) (Amendment) (Pets) Act 2021.

(4) In this section—

‘farm animal’ has the same meaning as it has in the Animal Health and Welfare Act 2013;

‘pet’ means—

(a) dog,

(b) cat, or

(c) any animal (other than a farm animal) kept, or intended to be kept for companionship.”.

Subsection (1) provides for the ten-month prison sentence as a minimum. We need tougher sentences across the board for a variety of serious crimes which are treated too leniently at this point. This Bill at least toughens the sentence for the crime of pet theft. Subsection (2) prevents a court from turning that ten-month sentence into a suspended sentence. Suspending sentences trivialises serious crimes. It makes a mockery of justice and is akin to little more than a slap on the wrist. Subsection (4) defines what is meant by a pet as opposed to a farm animal and makes an important distinction between the two.

The Government is accepting the Bill, for which I am grateful. The Ceann Comhairle will appreciate that pets are like family members to many people. I spoke about the dog warden for Wexford earlier today. There are 55,000 homes in Wexford. Current statistics indicate that 49% of homes have a pet, whether a dog or a cat. They are mostly dogs. That would mean there are over 27,000 households in Wexford alone that have dogs. We have to safeguard them. They are the only family members for many people. We know that they are companions. Just like my colleague, I do not like mandatory sentencing as a mechanism. All too often, however, leniency is not the deterrent we should have in the system to ensure that these things do not happen. Ultimately, if one of our children went missing or was kidnapped, there would be a hefty sentence for that type of offence. It needs to be the same in this instance. It means as much to people if their pet is stolen and not returned.

One woman in the north of the county, who is in her early 60s, had her dog stolen last year. Six months after that event, her dog had not been returned or found and nobody had been prosecuted. She sold her house and moved, such was her grief. She was inconsolable. She did not want another dog. It was not just a dog; it was like her child. Some people just do not get that. I understand why, but for those who do and who have pets that they regard as family members, it is up to us to make people think twice before they steal one. It should not just be about money. I thank the Minister of State and Government for taking this on board. I look forward to engaging further on it.

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