Maureen O'Sullivan (Dublin Central, Independent)
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5. To ask the Tánaiste and Minister for Justice and Equality the number of times An Garda Síochána invoked the Animal Health and Welfare Act 2013 and the Control of Horses Act 1996 when dealing with reports of animal neglect or cruelty; and if he will request that information regarding powers under the Acts are part of Garda training in Templemore. [49787/18]

Charles Flanagan (Laois, Fine Gael)
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I thank the Deputy for raising this matter. She has long been a voice against cruelty and neglect and has debated the subject on a number of occasions in the House and at committee. It is also appropriate that I pay tribute to the important role played by animal welfare charities such as the Irish Society for the Prevention of Cruelty to Animals, ISPCA, and the Dublin Society for the Prevention of Cruelty to Animals, DSPCA, who are at the forefront of animal welfare in Ireland.

While the particular Acts highlighted by the Deputy fall under the auspices of my colleague, the Minister for Agriculture, Food and the Marine, I have made inquiries with the Garda authorities to see how many times these Acts have been invoked by gardaí in the course of their duties and I am advised that the specific information requested by her is not recorded on PULSE.

The Animal Health and Welfare Act 2013 provides a modern and robust framework for dealing with issues relating to animal welfare. It also updated and replaced approximately 40 items of primary legislation in the area of animal welfare and health back going back more than 100 years.

The Deputy will also be aware that the Control of Horses Act 1996 provides powers to local authorities to deal with stray and abandoned horses and for the designation by each local authority, by way of by-laws, of areas in which horses cannot be kept without a licence. Members of An Garda Síochána have also been assigned powers commensurate with those of authorised officers under the legislation.

In this context, I am informed that An Garda Síochána liaises and works closely with both local authorities and the local offices of the ISPCA. All complaints of cruelty to animals made to An Garda Síochána are subject to investigation, with an investigation file submitted to the DPP who will then decide if a prosecution should take place, and for what offence.

Maureen O'Sullivan (Dublin Central, Independent)
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I acknowledge the work of the other animal rescue and animal welfare groups who are picking up the pieces in this regard. I find it difficult to understand that, if gardaí are involved, incidents are not recorded on PULSE.

Abuse of animals is, sadly, a reality in Ireland. Whether we are talking about hares, greyhounds, horses, badgers, foxes or puppy farms, that is the reality. I am continually told that we have the legislation - the Animal Welfare Acts and the Control of Horses Act - as if they were covering and sorting everything. Those Acts are only as good as the extent of the implementation and enforcement.

We know it is not happening for whatever reason. The Minister for Agriculture, Food and the Marine, Deputy Creed, in a previous reply stated that it is the responsibility of individuals to ensure the welfare of their animals, including horses. That is quite right, but I am asking about circumstances where owners do not take responsibility. There was a protest outside Leinster House. All of the horse welfare groups came together. We have seen cases of starving animals, cases of animals whose illnesses are left unattended, and cases in which large numbers of animals have been kept in confined spaces. It is the animal welfare groups that are picking up the pieces. Surely the Garda could be more proactive in checking on microchipping and registering.

Charles Flanagan (Laois, Fine Gael)
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The two issues on which I want to be of assistance to the Deputy are appropriate Garda training and the nature of the material that is recorded by the Garda on the PULSE system. As stated, many of the issues involved here are more appropriate to my colleague, the Minister for Agriculture, Food and the Marine. I say that in the context of my wish to ensure that any issues particular to the Department of Justice and Equality or An Garda Síochána are dealt with. I acknowledge the importance of the specific training provided to gardaí in Templemore. In addition, I am advised by the Department of Agriculture, Food and the Marine that there have been five training seminars held to familiarise Garda officers and officials of that Department with the application of the Act. The programme is ongoing. Further seminars are planned. I would be happy to keep the Deputy informed in that regard.

Maureen O'Sullivan (Dublin Central, Independent)
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The Department of Agriculture, Food and the Marine and local authorities have a role to play, but there is also a role for the Garda when the provisions of Acts are not being enforced. The Clondalkin Equine Club does great work and yet, at this time last year, there was an horrific case of cruelty to horses outside Clonmel. The carcasses of seven dead horses were found and the remaining animals had been left without food, water and so on. Notice was given for the owners to contact the Department of Agriculture, Food and the Marine. There has been no contact made and, to my knowledge, nobody has been prosecuted for that horrible case of animal cruelty. The legislation is there but it is not always enforced. Gardaí - and I know the community gardaí in my area - are very much informed of what is happening. They will know about these situations. It is when they know about them that they will use whatever powers they have to progress matters. For whatever reason, they are sometimes not doing that. It would be good to have more facts about this situation because we know it is happening and people are getting away with it.

Charles Flanagan (Laois, Fine Gael)
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I would be happy to see how matters can be taken forward in order to assist the Deputy further. I acknowledged earlier that the specific information sought by Deputy Maureen O'Sullivan is not recorded on PULSE. However, the Garda authorities advise that PULSE incident types classified as control of horses and offences against animals, which from a search of a narratives appear to relate to incidents of animal neglect and cruelty, do exist. As of last Sunday, there had been 351 incidents involving control of horses and 152 incidents of offences against animals recorded on the PULSE system this year alone. I understand these incident types also include incidents of illegal hunting and incidents in which animals stray onto public roads. I stress to Deputy Maureen O'Sullivan that these figures from the Garda are provisional and may be subject to change. I would be happy to engage further with the Deputy to see how best her concerns might be addressed in the context of my role as Minister for Justice and Equality and my relationship with An Garda Síochána.