Trevor Sargent (Dublin North, Green Party)

-----and its affiliate bodies have stated publicly and privately to me that dogs bred and in their care for hunt packs are accommodated to the highest voluntary standards available. It is therefore his contention that this Bill will not place an undue burden on any such hunt club.

I do not agree that this Bill is any type of assault on the culture and pastimes of rural Ireland which Senator O'Toole movingly invoked. It is my belief that reputable dog breeding establishments will see opportunities for employment and expansion, while poorly run establishments may cease as a result of the stronger regulation. We, as legislators, have to attempt to balance the variety of sincerely held beliefs, whether they reflect the point of view of the person with a dog as a family pet, or of those breeding dogs as a legitimate business.

I am heartened by the contributions from Senators Glynn, de Búrca and Norris welcoming the Bill and raising animal welfare issues generally, as did my colleague Senator Boyle. As the Minister indicated in his previous contribution, my colleague, the Minister for Agriculture, Fisheries and Food, Deputy Brendan Smith, and I are preparing an animal welfare Bill, which will deal comprehensively with animal welfare issues as part of our Department's responsibility for animal welfare in general. It is envisaged that the present amicable working relationship between the local authority dog control staff and the Department of Agriculture, Fisheries and Food's veterinary staff will continue and indeed expand as a result of the practical implementation of the Bill before the House.

I thank Senator Hannigan and others for raising the issue of the licence fees. I can assure the Senators that all moneys raised by the licence fee and registration fees will go to the dog control service in the local authorities.

The Department of the Environment, Heritage and Local Government has previously given consideration to a waiver for pensioners from the dog licence fee and while the idea is commendable, there are a number of practical difficulties. The purchase of a licence for a dog reinforces the idea that a dog is for life and not for Christmas, to coin a phrase. The new licence fee will be a modest €20 and when set against the costs of food and healthcare for a dog, which the ISPCA estimates at around €1,700 per year, it is quite insignificant. The potential loss of vital income to the dog control services could mean the service becoming much poorer as a result of this legislation which would be contrary to the stated intention of all Senators in this debate. Many elderly people benefit greatly from the companionship of a dog and should be comforted by the existence of an adequate dog control service.

I am encouraged that there is general agreement on the major recommendations of the working group to review the management of dog breeding establishments. It is appropriate, at the end of this Second Stage debate, that we keep in mind the majority recommendations of the working group, as it helps us to keep focused on the task at hand. The working group recommended that a State regulated registration system for dog breeding establishments be put in place and that these regulations should be enforced through the existing local authority dog control structures. The group also recommended that the regulations should include a comprehensive set of statutorily enforceable standards for the operation of dog breeding establishments and provision for inspections by local authority officers.

I am confident the welfare of dogs and the reputation of this country in respect of care of dogs will be progressed by the introduction of a reputable and adequately resourced regulation system. No one wishes to see recurring instances of pups reared in appalling conditions, with malnourished or ill pups being sold to an unsuspecting public.

I emphasise again that those establishments which over the years have built up good premises and practices in co-operation with their local vet, should have nothing to fear from the provisions in the Bill.

The Minister, Deputy Gormley, has been careful to include safeguards for dog breeding establishments in that local authorities will be statutorily obliged to pay heed to any reply from an establishment in regard to a potential refusal or conditions attached to a registration certificate. This is critical to encouraging a co-operative relationship between a local authority and any dog breeders in its administrative area.

Senators Coffey and O'Toole queried whether local authorities should be able, under section 16, to designate persons connected with animal welfare as "authorised persons". This provision only continues the good practice provided for in section 15 of the Control of Dogs Act 1986, whereby a local authority may enter into arrangements with persons connected with animal welfare. The provision has been quite helpful to local authorities and has been implemented responsibly. Therefore, the extension of the provision to this Act should not give rise to any concerns.

Inevitably, there has been discussion about the number of bitches in an establishment which will determine whether a premises is covered by the legislation. The Bill defines a dog breeding establishment as a premises at which are kept not less than six bitches, each of which is more than four months old and capable of being used for breeding purposes. I am conscious that setting legislative limits can sometimes appear subjective but this definition was the subject of much debate at the working group. The definition in the Bill represents a considered balance.

Understandably, the level of fees and who should pay them have attracted considerable attention in the course of the debate. It is an important principle that the fee will vary, in accordance with the amount of breeding bitches, so as to reflect the size and scale of the operation in question. This echoes the concern expressed by the Canine Breeders Association of Ireland that fees reflect the size of the dog breeding operation. The Minister, Deputy Gormley, has been very careful to ensure the fees are reasonable and proportionate, both in respect of the cost of the dog control service, including regulation, and the income stream from selling pups. I refute any suggestion that the introduction of registration fees, in conjunction with the proposed dog licence fee increases, is an additional revenue raising exercise for local authorities. The dog control system as it is costs more to administer than it raises and this is not sustainable in the longer term. The increase in the dog licence fee to €20 does not place an undue burden on dog owners when set against the other costs of responsible dog ownership such as veterinary costs and food.

I emphasise the important and sometimes forgotten services dog wardens provide. These include the operation of dog pounds, re-homing strays, picking up abandoned dogs and keeping residential areas and farms free from uncontrolled dogs. Ensuring people are responsible by purchasing a dog licence is only a small part of the dog wardens' duties. Without the efforts of dog control staff, I am convinced this country would have a much more serious stray dog problem. The fact that the number of dogs being put to sleep in pounds decreased from in excess of 16,500 in 2004 to slightly above 10,000 in 2008 shows the progress being made in this area. The Bill will assist in ensuring this progress continues.

The Bill will also ensure all dogs in dog breeding establishments will be micro-chipped. This will enable dogs to be reunited with their owners should they stray and assist dog control staff in tracing owners if a stray dog has attacked people or worried sheep. This element of the Bill should be welcomed by all.

With regard to duty of care, the Minister, Deputy Gormley, indicated that the Minister for Agriculture, Fisheries and Food and I were preparing an animal welfare Bill. As it will contain a duty of care provision, we do not wish to pre-empt any relevant provision in that Bill.

A number of Senators were anxious about the transition period for the legislation. In one sense, it could be argued that the five years that have elapsed since the report of the working group should be considered ample lead-in time for the new regulatory regime. However, the Minister is seeking to ensure a smooth transition to full registration. He also wants to prevent a scenario where dogs may be disposed of by establishments which may choose to cease operating. The Bill provides for a period of up to three months from its commencement for dog breeding establishments to be registered. It shall be lawful for an existing dog breeding establishment to continue to operate for this period. The Minister is reassured by the representations he has received, including from the Hunting Association of Ireland, that most dog breeding establishments already operate to high quality voluntary guidelines and standards. It should, therefore, be a seamless transition for well run dog breeding establishments to meet any new mandatory guidelines.

The working group recommended an improvement notice model. In line with best practice in any regulatory regime, there is an appropriate scale of regulatory actions which can be taken to gain compliance. Under the Bill, the Minister envisages liaison between the local authority and dog breeding establishments. If agreement is not reached between the local authority and an establishment, the local authority will be empowered under section 18 to issue an improvement notice which will state the specific measures to be taken in a specified timeframe.

Senators should note that the closure notice provided for in section 19 will only be used where there is a significant and immediate threat to public health. Such a provision will provide reassurance for the public that quick action can be taken in response to a threat to public health from dog breeding establishments. There will be an element of public scrutiny through the obligation on premises to publicly display their registration certificate. This will give members of the public a certain level of reassurance that the establishment from which they purchase their pups complies with standards.

We have made great strides in the constructive and healthy exchange of views on the Bill. The Minister looks forward to dealing with the detail of the Bill on Committee Stage.