Maureen O'Sullivan (Dublin Central, Independent)
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If the Dog Breeding Establishments Act were working, I would not have been submitting this issue for consideration as a topical issue over the past two and a half weeks and I would not have had the opportunity to discuss it now, which is great, albeit without the Minister, Deputy Coveney. However, I do hope to meet him about these issues at some point over the next week or so.

The Dog Breeding Establishments Act is not working and, consequently, there is absolutely scandalous treatment of dogs, very particularly of puppies in the so-called puppy farms, and I want to highlight a number of concerns in this regard.

There is no upward limit on the number of breeding bitches on a puppy farm. I have seen figures of over 400 bitches on one farm. Many of those premises seriously underestimate the number of dogs present. Inspections are by appointment, with several weeks notice being given to these establishments. When the premises are found to be non-compliant, they are given what is called an improvement notice and then invited to comply. Those who carry out the inspections lack the resources to do the work effectively. Instead of the authorities here working proactively, we are being shamed into doing something by the likes of the recent BBC programme on the puppy farms in Cavan. However, the animal welfare groups have been trying to rectify this and have been highlighting this for years. For example, a licensed puppy farm in Carlow passed inspections by the local authority but it had multiples of the permitted number of dogs, and those dogs were living in absolute squalor.

A massive trade in puppy farm dogs is facilitated by online sites and Internet sales. I know the Minister, Deputy Coveney, when Minister for Agriculture, Food and the Marine tried with his officials to rectify this with the Animal Health and Welfare Act, but it does not address certain aspects of animal welfare. For example, much was expected of the microchip legislation, but it is not being enforced. At a recent fair there were numerous dogs for sale with no microchip or paperwork. If there is no traceability, there is no accountability. The pounds and the rescues are taking the dogs that are microchipped to the breeder, but the breeder has no record of whom the dog is sold on to.

Counties Limerick, Cavan, Cork and Carlow are particularly bad when it comes to these puppy farms. Even though there are puppy farms well known to authorities, they can continue for a number of years in spite of their convictions for animal-related issues. One, for example, still had a type 2 transporter licence to transport dogs abroad. There are county managers in breach of the law. They are being compelled into initiating enforcement procedures so they are not being proactive. There are councils that resist Irish Society for the Prevention of Cruelty to Animals, ISPCA, involvement. The puppy farm at the centre of the TV programme had been passed by the county vet. A member of the family operating the puppy farm was stopped more than 20 times smuggling dogs, but the business continues. There is a puppy farm where the owner was legally obliged to tell the authorities that he was moving the dogs; he did not. I have seen inspection reports on these premises, several over a period of time before any improvements were made. There is no urgency on this.

Where there have been ample grounds for the council to take action, nothing has been done. For example, one dog breeder was using wooden crates for whelping bitches, which were totally unsuitable. The inspection notes show that the crates were seen several times before the local council did anything. Why are councils refusing to provide copies of the inspections they conduct? There are frequent breaches of the law. Failure to comply with the law should have resulted in closure, yet we have these flagrant breaches of the law.

Our pounds and shelters are overflowing and Ireland is overpopulated with dogs, yet we continue to license people to breed dogs with abandon, and it is the rescue community that picks up the pieces. There are many dogs from the puppy farms with very serious health problems. The more popular the breed, the more they are churned out by the breeders. One year it was cavalier King Charles spaniels; another year it was Yorkshire terriers; the latest are the Dalmations and the huskies, all very cute as pups, but they have much greater needs when they are older, and they are being brought to the pounds and the rescue centres afterwards.

The registration of puppy farms is not working. Puppies are being bred in appalling conditions which affect them physically and temperamentally, and huge sums of money are being made by the breeders, but the mess the breeders leave is left to the rescue groups.

There is little or no political will to deal with this. There is an attitude of, "Ah sure, they are only animals". It is totally unfair and unjust.

Damien English (Meath West, Fine Gael)
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I thank Deputy Maureen O'Sullivan for raising this issue. The regulation of dog breeding establishments is a matter for local authorities in accordance with the Dog Breeding Establishment Act 2010. Each local authority must maintain for public inspection a register of dog breeding establishments in its functional area. This must include the name and address of the applicant seeking entry onto the register, the address of the dog breeding establishment and the maximum number of breeding bitches that may be kept at the dog breeding establishment or premises.

The Dog Breeding Establishment Act 2010 provides a robust regulatory framework for, inter alia, the licensing, monitoring and inspection of dog breeding establishments by local authorities and, where a serious and immediate threat exists to public health or animal health and welfare, for the closure of such establishments. A joint inspection regime of dog breeding establishments, involving the Department of Agriculture, Food and the Marine and the local authority veterinary service was inaugurated last year for the purpose of inspection and follow-up action. The discovery of individual problematic dog breeding establishments, and the taking of action by An Garda Síochána, the Department of Agriculture, Food and the Marine and local authorities in an integrated manner in the most serious cases is a matter for the enforcement authorities concerned.

Guidelines on welfare standards for dog breeding establishments, published on the commencement of the Dog Breeding Establishment Act in January 2012, are available on the Department’s website and set out the required standards for such establishments. The current guidelines were announced by the then Minister on 21 December 2011, as provided for under section 15 of the Dog Breeding Establishments Act 2010, with the aim that they would help increase awareness regarding welfare standards and would aid good practice in dog breeding throughout the country. The guidelines became effective from 1 January 2012 following enactment of the legislation. Local authorities are responsible for monitoring compliance with these standards and are empowered to issue improvement notices where appropriate. A local authority may also issue a closure notice if a serious and immediate threat exists to public health or animal health and welfare.

As the Deputy stated, however, there is general consensus that the scope of the existing guidelines needs to be enhanced as they are quite benign and represent a minimal standard that is probably no longer acceptable, particularly in view of recent issues that have arisen regarding some of the establishments. The rules and regulations in other countries are more rigid than the current guidelines. While many countries have primary legislation in respect of commercial breeding dogs only, the Dog Breeding Establishment Act 2010 covers a variety of situations, with breeding and non-breeding scenarios captured by the same piece of legislation.

Consequently, in late 2015, following engagement between the local authority veterinary service and the then Department of the Environment, Community and Local Government, it was agreed with the County and City Management Association, CCMA, to begin a process of review of the guidelines in January 2016. The work undertaken to date has been to produce a first draft revision of the guidelines, which is currently under consideration in the Department. I expect that a revision to the guidelines will be available to the Minister, Deputy Coveney, for consideration very shortly.

Maureen O'Sullivan (Dublin Central, Independent)
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I will start by talking about dog poop. Can one imagine a puppy farm with between 200 and 500 dogs and the amount of dog poop that would be produced? Where are the guidelines for the disposal of that? It cannot go into a normal septic tank, it cannot be spread on the ground and there are dangerous consequences if it goes out into the atmosphere. How many inspections are carried out with that particular aspect in mind? I accept what the Minister of State said about there being a robust regulatory framework. However, that is on paper and is not being seen in action. He says it is a matter for the enforcement authorities, but they are not enforcing the regulations. He said that the local authorities are responsible for monitoring compliance. There are too many examples of local authorities that are doing absolutely nothing. The Minister of State really must engage with the county managers on the enforcement of the terms of that Act.

The Minister of State mentioned that the independent review is taking place. The scope of that review needs to be widened. For example, the independent rescue centres that deal with the fallout in these situations are excluded. They are the groups with real experience that pick up the pieces. There is a need for a dog behaviourist in the review process. There is also a need for independent vets to be part of that review process because the dog breeding industry itself is very well represented.

If we look at the finance, Canine Breeders Ireland estimates that the dog breeding industry is worth in the region of €350 million a year. On the basis that there are 200 registered breeders, it figures that each must be averaging approximately €1.75 million in yearly income. However, according to the statistics, only €95,000 was collected in fees last year for all the dog breeding establishments in Ireland. There has to be a targeted audit of the puppy farm industry. The dog breeders should maintain records that can be provided to Revenue to ascertain that the tax paid is in compliance. In the United States, there are what are called "puppy lemon laws". These are laws which aimed at ensuring the good health of any dog purchased. It is the responsibility of the breeder or the dealer. We need an enhanced inspection regime and the Minister of State has to be proactive.

Damien English (Meath West, Fine Gael)
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The Minister, Deputy Coveney, and I fully understand the concerns of the public about the problems highlighted in the media regarding a number of dog breeding establishments. Deputy Maureen O'Sullivan has referred to some of those issues again tonight. That is why the Department, an expert group within the local authority veterinary services and other expert stakeholders have undertaken to engage in the ongoing review of the dog breeding establishment guidelines. They will take the time to address some of the issues the Deputy has raised as well. The suggestion to review the guidelines was made by an expert group within the local authority veterinary service and was accepted by the Department, with meetings hosted by the CCMA under the auspices of its dog working group. Officials from the Departments of Housing, Planning, Community and Local Government and Agriculture, Food and the Marine, the local authority veterinary service, the Irish Society for the Prevention of Cruelty to Animals, the Dublin Society for the Prevention of Cruelty to Animals and officials from the Department of Agriculture, Environment and Rural Affairs in Northern Ireland all participated on a working group to draft the revision of the guidelines. The main stakeholders, Canine Breeders Ireland and the Hunting Association of Ireland, were consulted as part of that process.

More generally, the enforcement of welfare standards regarding all animals is a matter for the Minister for Agriculture, Food and the Marine under the Animal Health and Welfare Act 2013. As I informed the Deputy earlier, the guidelines will come before the Minister, Deputy Coveney, very shortly. There will be a chance to discuss the matter even further and to thrash out some of the issues the Deputy has raised. I will undertake to have that conversation with the Minister on the Deputy's behalf and to ensure all of these issues are addressed. We will publish the new guidelines in the near future.