John Paul Phelan (Fine Gael)

I am glad to have the opportunity to contribute to the debate. I agree with most of the Bill's provisions. All Senators agree with large chunks of the legislation and everybody concurs on the need to regulate what are termed "puppy farms" throughout the country. I have been a Member for eight years and this was one the first topics raised on the Order of Business when I entered the House. Senator Cummins was the first politician I noticed raising the issue of puppy farming and bringing to the attention of the Government the need to introduce regulation in this area.

The primary purpose of the Bill is to deal with puppy farms and I will nail my colours to the mast. Anybody who abuses dogs and who treats them the way they have been on puppy farms that have been exposed deserves nothing other than the full rigour of the law. Such behaviour is nothing short of despicable. The Minister assured the House he would only sign the proposed regulation into law "after full consultation with all interested parties". It is remarkable that there was not "full consultation with all interested parties" before the Bill was introduced. Hound clubs, including beagle clubs, were not consulted and perhaps other hunting organisations were not consulted but they are interested in this legislation. The Minister stated section 16 "allows local authorities to appoint certain persons, including vets and those connected with animal welfare to act as authorised persons". Senator Coffey sought an explanation of that definition. What does "those connected with animal welfare" mean? Will the Minister address that when he replies?

Even though I am from the heart of rural Ireland, I have never fired a gun and I have never hunted, fished or followed hounds in pursuit of an animal but I would defend a person's right to do so. The Minister and the Government have been disingenuous regarding this legislation by speaking out of both ends of their mouths regarding commitments they gave, particularly to hunt clubs and hunting organisations. The former Minister for the Environment, Heritage and Local Government, Deputy Roche, stated a number of years ago, "Hunt clubs were not part of the problem and, therefore, they wouldn't be part of the solution".

The current Minister in a letter to the Minister for Justice, Equality and Law Reform in February 2008 explicitly stated it was the intention that "groups affiliated to the HAI be granted an exemption from the requirements of the legislation". I acknowledge he said in his opening contribution that they would be exempt from the fees that will be applied under the legislation but they will not be exempt from the requirements of the legislation. It is important to differentiate between puppy farms, on the one hand, and hunting clubs on the other. Such clubs are not commercial operations. Pups born in hunting kennels are bred to ensure the hunt pack is replaced naturally and survives into the future and they are not bred for the purpose of making money. There is no exchange of money between hunt clubs when they swap different animals for breeding purposes. The animals are not sold to the public.

Hunt clubs are voluntary groups and, under the British legislation governing dog breeding, such clubs in Scotland and Northern Ireland are exempt from its provisions. That is as it should be in this jurisdiction. If the Minister is to have credibility regarding any commitment or promise he gives in the future, he should honour his statement to the Minister for Justice, Equality and Law Reform on 15 February 2008 that hunt clubs would be exempt from the regulations imposed by this legislation.

It is interesting to consider what has happened in the meantime. My theory on why the Minister has reversed his position was highlighted on "The Last Word" radio programme before the negotiations on the revised programme for Government were concluded when an animal rights activist, who is a former Green Party member and councillor, stated his supporters who were members of the Green Party would support a revised programme for Government if certain provisions regarding animal welfare were included. The Minister has had his arm twisted by a group of vocal members in the Green Party. As somebody who is not involved in hunting, I share Senator O'Toole's view that the insidious drip drip effect being pursued by those who have no understanding of the way of life and traditions of rural Ireland means they want to destroy it. The legislation partly reflects that and that would be a retrograde step. I am disgusted that Fianna Fáil is prepared to stand over this because, like my own political party, it has roots in rural Ireland as well as urban Ireland and I expected its members to be prepared to stand up for the interests of those in rural Ireland.

It is amazing, as Senator Coffey mentioned, that there will be more regulations governing dog breeding by hunt clubs than banking institutions, which ran roughshod over the economy for the past number of years. That will be one of the unfortunate consequences of this legislation, if it is not amended.

I agree with much of the legislation and anybody who abuses animals, particularly dogs, should be treated harshly but hunt clubs, whose interest is in protecting dogs and ensuring they are healthy, should be exempt. These voluntary organisations are currently subject to rigorous inspection by the Department of Agriculture, Fisheries and Food. They are part of rural life and they should not be undermined in any way.