Seanad debates

Wednesday, 16 June 2010

Dog Breeding Establishments Bill 2009: Report and Final Stages

 

1:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)

I am confident that the Bill, as amended, will safeguard the welfare of dogs in breeding establishments and ensure a thriving greyhound industry leading to the creation of employment by enhancing standards and the reputation of dog breeding in Ireland. The amendments will be subject to further advice from the Parliamentary Counsel and represent significant concessions to respond to the needs of stakeholders. To allow further time to iron out the technicalities behind some of them, they will be tabled on Committee Stage in the Dáil and will have to be brought to the Seanad.

Concerns about inspection were raised by many Senators. The Irish Greyhound Board and the Irish Coursing Club have raised concerns regarding the scope for abusing the inspection process. To allay these concerns, I propose to provide a facility, whereby representatives of the Irish Greyhound Board and the Irish Coursing Club will accompany local authority veterinary inspectors on visits. I also propose to restrict the personnel authorised to issue an improvement order to local authority veterinary inspectors. The proposed amendment will allow a qualified veterinary practitioner-stipendiary steward from the Irish Greyhound Board and the Irish Coursing Club to accompany a local authority veterinary inspector on an inspection of a greyhound breeding establishment, stipulate that a local authority veterinary inspector is also an authorised person under section 16 and insert a provision under which only a local authority veterinary inspector will be able to issue an improvement order.

Concerns have been raised about the potential for animal welfare bodies to issue improvement orders. There are up to 45 veterinary inspectors employed by the local authorities; there is at least one in every local authority. My Department has full confidence in the existing local authority dog warden and veterinary structures. Nonetheless, I propose to specify the local authority veterinary inspector as a category of authorised person and restrict the issuance of improvement orders to veterinary inspectors to ameliorate the concerns raised.

I refer to financial concerns. The Irish Greyhound Board and the Irish Coursing Club have raised concerns regarding the financial burden which registration fees place on greyhound breeders and trainers. I note that the fees are modest in the context of an industry which the Irish Greyhound Board estimates is worth approximately €500 million annually. I also note that the bulk of fees currently payable by greyhound breeders and trainers are to the Irish Greyhound Board and that they relate mainly to recording pedigree rather than welfare issues. Notwithstanding this, I propose to make provisions for IGB breeders to be exempt from the fees associated with the dog licensing process to offset any financial burden they might experience as a consequence of the introduction of the Bill.

Under the 1986 Control of Dogs Act, as amended, a person with numerous dogs can choose to purchase a general dog licence from the local authority. It is proposed to provide that a registered dog breeding establishment be exempt from the fees associated with the general dog licence but not from the licensing process. Given that the general licence fee is scheduled to increase to €400 and that the registration fee for a dog breeding establishment of six to 12 bitches is €400, I consider that this provision will go a long way towards offsetting any financial burden which breeders might experience. The proposed amendment will roughly state a registered dog breeding establishment will be exempt from the fees associated with the general dog licence but not from the licensing process.

I propose to make provision for IGB trainers to be exempt from the fees associated with registration. This exemption will apply to IGB registered trainers with more than six bitches on the premises. To claim the exemption, the trainer and the Irish Greyhound Board will have to certify that the trainer does not actually breed the dogs. This is a significant concession in that it will save an eligible greyhound trainer a minimum of €400 a year in registration fees. It will save him or her considerably more if his or her establishment has more than 12 bitches. The amendment will provide for the exemption of IGB registered trainers from the fees associated with the registration process. This mirrors the hunt club exemption.

I refer to concerns about breeding. The Irish Greyhound Board and the Irish Coursing Club have raised concerns that the legislation, as it stands, is excessively restrictive in regard to dog breeding cycles. To address this concern, I am changing the provision in respect of breeding frequency from one litter every 12 months to three litters in any three year period. This will address concerns about situations where a bitch might not fall pregnant in a 12 month period. It will provide for three litters in a three year period, subject to veterinary advice providing that the provision in respect of a maximum of six litters during the lifetime of a bitch is retained.

I also propose making a minor modification to the definition of "dog breeding establishment". The amendment of the duration to six months will allow further time for the owners of a newborn litter of pups to decide if they want to sell or retain them. Heretofore, when the pups reached the age of four months and were capable of breeding, each bitch pup was reckonable for registration purposes. The amendment extends this period to six months as follows: "Alter the definition of breeding establishment to extend the four-month age threshold to six months".

I refer to microchipping, an issue that has been raised in my engagement with many Fianna Fáil colleagues and the Senators opposite. Stakeholders have raised concerns about the microchipping process. To accommodate these concerns, I will extend the deadline for microchipping pups from the current provision of eight weeks to 12 weeks as follows: "Change the previously signalled requirement of microchipping of all dogs on the premises from eight weeks to 12 weeks old". It is essential from an animal welfare perspective that we have full traceability.

Notwithstanding the above provisions, the Irish Greyhoud Board and the Irish Coursing Club continue to raise concerns about the potential harm the Bill might cause to their industry. To further allay their concerns in this regard, I propose to introduce a review clause in the legislation to examine its impact on the greyhound industry 12 months after the legislation has commenced. The amendment will be along the following lines: "Insert a provision that the legislation be reviewed after 12 months with a view to assessing its impact on the effective functioning of the greyhound industry".

I propose to incorporate these amendments in the Bill for consideration by the Dáil, as some of them will require detailed drafting and further consultation with the Parliamentary Counsel. That has been a difficulty, as has the engagement with stakeholders which took place as late as this morning. The legislation is not without controversy and complexity. I consider this suite of amendments to represent a significant concession to industry stakeholders and that they address most of the concerns raised on Committee Stage by Senators. I hope they fully illustrate that I am happy to work with stakeholders to ensure the Bill will safeguard the industry and the welfare of dogs in breeding establishments. I commend the Bill to the House and look forward to introducing amendments in the Dáil.

With regard to amendment No. 1, a similar amendment was debated on Committee Stage which proposed a 12-month lead-in period. I thought this was excessive, given the length of the deliberative process to date. However, in a spirit of compromise and to give sufficient time for dog breeders and local authorities to familiarise themselves with the legislation, I will table an amendment to provide for a six-month period for breeders to be registered. I am seeking to ensure a smooth transition to full registration, while also keeping the period allowed for registration meaningful. Therefore, it should be remembered that the period will commence on the date of enactment of the legislation. Those affected know we have been debating this legislation for some time. The lead-in period will be significant. Judging by the volume of representations received by my Department, few dog breeders are not aware of the Bill and its proposed requirements. People know this legislation is being introduced and nobody can plead ignorance. In a spirit of compromise, I will table this amendment and hope Senators understand it is a significant concession which should go a long way towards meeting their concerns.

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