Seanad debates

Tuesday, 26 January 2010

Dog Breeding Establishments Bill 2009: Second Stage

 

3:00 pm

Photo of Paudie CoffeyPaudie Coffey (Fine Gael)

The Minister did not. That is incorrect. The Minister did not consult many organisations and some were told the Bill would not apply to them and that there was no need for consultation. Subsequently, for some reason, whether the Minister was influenced by voluntary organisations or otherwise, he changed his view and shifted the goalposts. The working group had made its recommendations by then. I hear the Minister is proposing to meet these groups next Friday when the Bill is going through the Houses of the Oireachtas. The Minister can clarify or confirm this in his own time. To say that the Minister has widely consulted with stakeholders is incorrect. He has consulted them but he has done so in a biased fashion. That is not the way good legislation should be framed or adopted. If the Minister requires support across all sectors, he should hold early consultation and get buy-in from all stakeholders so that they will have trust in the system imposed and he will have a good working system.. If the Minister introduces distrust and cynicism, obviously this will create barriers before he starts and that is not a good road to go down. I say this to inform the debate because this is how we should proceed with legislation.

I have a copy of a letter from the Minister for the Environment, Heritage and Local Government to the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, on 15 February 2008. The Minister says that given the primary objectives of the proposed regulations are to regulate commercial dog breeding and in view of the strict standards that apply to the Hunting Association of Ireland, it is his intention that groups affiliated to the Hunting Association of Ireland be granted an exemption from the requirements of the regulations. The Minister says they are exempt in his letter but in the Bill they are exempt from the registration fee but not from the requirements of the regulation. Something does not fit. The Minister said one thing in February 2008 but he is saying something different now. There are mixed messages and for good law we need clarity. I hope the Minister will clarify this matter for the House and for the people. It seems to be at odds with the content of the legislation.

Many organisations, such as hunting associations, already have strict policing guidelines. The Minister acknowledged this in his speech. They have management systems that work quite well. We need to work with these organisations to get buy-in for new systems we hope to introduce. We should not introduce so much legislation and regulation that we drive puppy breeding underground because then we would be left with a more ridiculous system whereby those who can afford it would be regulated, with properly run systems, but there would also be an underground system. We must be careful to ensure this is not allowed to expand in any way. Departmental officials should take this into account. It is all about trying to strike a balance so that all stakeholders can work with, support and fully understand the system. It should not be too restrictive and should not put people underground or out of business.

This area is very important in respect of rural enterprise. There is a business but I am not saying it should be at the expense of animal welfare. Dogs should be treated properly and humanely and that is the intention of the Bill. I am highlighting concerns that need to be addressed although the Minister may think I am being negative. I am not; I am trying to help the Minister understand the impact this Bill will have on stakeholders.

I have spoken at length on the regulation and registration side of this Bill. It is important to keep a proper database and proper information for those in authority. Fine Gael has some concerns and wants clarity on some parts of the Bill.

I refer to section 16, which permits a local authority to appoint certain persons, including veterinary practitioners and persons connected with animal welfare, to act as authorised persons in assisting it in its duties under the Bill. That definition needs clarification. I do not have a problem with veterinary or Department of Agriculture, Fisheries and Food inspectors but this definition could allow anyone with a connection to animal welfare to enter an establishment. I ask Fianna Fáil Members to seek clarity on the provision.

I do not object to the increase in the dog licence fee, which has not kept pace with the cost to local authorities of providing dog control systems. The dividend to An Post has increased substantially from €1.52 to €3.50. I do not know if such a large slice of the licence fee was negotiated with local authorities, which are now obliged to operate their systems with less money. Dog licences can be purchased at any post office and from certain local authorities. It is important that they are easily purchased. Perhaps the Minister would consider an on-line registration system for licences to facilitate people in purchasing them. It is obvious that thousands of dogs in this country are unlicensed. I hope the Bill goes some way towards addressing that deficit.

Local authority dog services are struggling to cope with a shortage of resources. Standards in dog pounds and services across the country are inconsistent. I hope the increased income from dog licences provides the resources to develop adequate facilities and proper animal welfare systems. If local authorities lack the facilities to house abandoned and neglected dogs, who else will care for them?

The dog control statistics for 2008 revealed that 34 local authorities employed 44 full-time and 26.5 part-time dog wardens to enforce dog control legislation. It is clear that the service is not overstaffed by any means and the majority of local authorities can only employ one warden to run a skeleton or emergency service. This Bill will increase wardens' workload but the Minister intends to ensure the new provisions are cost neutral by means of raising sufficient funds through registration and licences. It will be interesting to see the impact on local authorities, which are already stretched to the limit by the embargo on recruitment.

Fine Gael will be tabling amendments and if the Bill is to garner wide support it will be important that the Minister takes our advice. It is disappointing that people felt excluded from the initial consultations. I understand he has offered to meet several organisations next Friday but I do not know what such a meeting will achieve. It would have been preferable to enter into consultations at a much earlier stage. I referred earlier to the letter in which he referred to kennels and dog breeding establishments. The goalposts have moved.

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