Seanad debates

Tuesday, 18 January 2011

Welfare of Greyhounds Bill 2010: Second Stage

 

5:00 pm

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)

I am pleased to bring the Welfare of Greyhounds Bill 2010 before Seanad Éireann and look forward to an informed and constructive debate during its passage through this House.

Greyhound racing is a very important industry which is responsible for sustaining 11,000 full-time and part-time jobs, both directly and indirectly, principally in rural communities. It provides an estimated €500 million for local economies around the tracks which are spread throughout the country. The greyhound breeding industry is also successful with a large percentage of greyhounds now running in Britain being Irish bred. Greyhound racing also attracts a significant number of continental European visitors to Ireland.

Following enactment of the Dog Breeding Establishments Act 2010, it was agreed to introduce separate legislation to regulate the greyhound industry to provide a regime for greyhound welfare. The policy objective is to optimise the level of animal welfare in the greyhound industry. While the objective is similar to that of the Dog Breeding Establishments Act, the approach taken differs owing to the distinct nature of and controls applying to the keeping of greyhounds.

Bord na gCon and the Irish Coursing Club agreed with the need for legislation to regulate all aspects of welfare throughout the greyhound industry and thus protect this country's reputation in respect of care of greyhounds. Preparation of the Bill has involved wide-ranging consultation with a variety of interested parties, including Government Departments, Bord na gCon, the Irish Coursing Club, voluntary bodies and animal welfare groups, especially those concerned with the welfare of dogs. I thank all those who participated in the consultation process and acknowledge their constructive input. I am satisfied we have struck an adequate balance which accommodates various points of view.

The Irish Coursing Club identifies and registers greyhounds individually in the stud book so as to ensure the integrity of the racing system. Furthermore, the industry already has a system of self-regulation in place which can be readily adapted for welfare purposes and which the Bill uses as a starting point.

For the purposes of the Bill, greyhounds are defined as all greyhounds entered in the Irish greyhound stud book and they will be covered by the welfare provisions of this legislation. The welfare requirements specified in the Bill on animal keepers to safeguard animals in their care are in addition to the general provisions relating to cruelty in the Protection of Animals Acts 1911 and 1965. While greyhounds that are not registered in the stud book cannot be covered by the scope of the Bill, they will continue to be covered by general animal welfare legislation and the Dog Breeding Establishments Act 2010, where relevant.

Notwithstanding that the provisions the Bill apply to all greyhounds in the stud book, I saw merit in establishing a register of greyhound breeding establishments. These are premises at which not less than four greyhound bitches are kept, each of which is more than 15 months old and has been or is being used for breeding. I make clear, however, that the scope of this Bill extends to all greyhounds in the racing and coursing industry, not only those found on a premises that is registered as a greyhound breeding establishment under the Bill.

The Dog Breeding Establishments Act 2010, on the other hand, provides for a hitherto unregulated industry, namely, puppy farming, with no existing system either in relation to the registration of individual dogs for stud book purposes or the registration of premises on which they are kept. The welfare provisions of the Act apply to dogs on premises registered under that Act.

Senators will be aware that there is a variety of opinion on any issue involving animal welfare, in particular the welfare of dogs. In the case of greyhounds, however, there are fewer problems involved than in the business known as puppy farming. While puppy farmers and greyhound breeders are both engaged in breeding activity as a commercial activity, greyhound breeders strive to breed high quality greyhounds to win races and, therefore, in greyhound breeding, quality rather than quantity is paramount. I am confident the provisions for the welfare of greyhounds in this Bill and the extensive powers given to welfare officers will result in a very high standard of welfare for greyhounds.

I will set out my overall approach to the issue of greyhound welfare and outline the points of similarity and difference with the Dog Breeding Establishments Act 2010. Stewards of the Irish Coursing Club visit all greyhound breeding premises to register and identify all new litters to ensure the integrity of racing. This Bill provides a legislative basis for them to deal with all aspect of welfare on such visits.

A crucial aspect of this Bill is that a greyhound bitch will not be allowed to breed until she is 15 months of age, compared with a stipulation of six months in the Dog Breeding Establishments Act 2010, and a limit will be placed on the number of litters a bitch can produce. The Bill also provides for inspection of premises registered under it as greyhound breeding establishments. Local authorities may appoint welfare officers who are given the same level of powers as stewards of the Irish Coursing Club and I envisage close liaison between personnel from the Irish Coursing Club and the local authorities. The Bill will form the basis of a co-operative relationship between local authorities, Bord na gCon and the Irish Coursing Club.

The legislation requires reports of inspections or details of welfare notices to be notified to the Irish Coursing Club, Bord na gCon and the relevant local authority. This Bill grants a wide range of powers to welfare officers and allows them to specify various items in welfare notices. These provisions will not present any difficulty to individuals who take due cognisance of welfare requirements and who have proper premises and operate their business in co-operation with their local veterinary practice.

The Bill provides a period of up to three months from the commencement of the Act for greyhound breeding establishments to be registered. It will be lawful for an existing dog breeding establishment to continue to operate for this period. This will enable a smooth transition to full registration of greyhound breeding establishments. In line with best practice in any regulatory regime, there is an appropriate scale of regulatory actions that can be taken to ensure compliance. I have provided for some offences for which fines and custodial sentences are possible upon summary conviction and for other lesser offences, mainly concerning records or registration, for which only fines or in some cases fixed penalty notices apply.

A provision is necessary to require owners of establishments to co-operate within reason. There is general need for such a provision and it is especially important in cases where an establishment operates from the private home of the owner. The Bill provides, in circumstances where consent of the occupier to enter a dwelling is not forthcoming, for the authorised person to apply to the District Court for a warrant to enter.

I wish to summarise some of the principal provisions of the Bill. Part 1 contains the usual provisions of a general nature dealing with such matters as Short Title and commencement, definitions, service of notifications, notices and documents, expenses of the Minister and the making of regulations. The key definition is that of a "greyhound breeding establishment" which means:

a premises used, in whole or in part, for breeding greyhounds at which not less than 4 greyhound bitches are kept, each of which—

(a) is more than 15 months old, and

(b) has been or is being used for breeding purposes,

but does not include a premises at which not less than 6 bitches (other than greyhound bitches), each of which is more than 6 months old and is capable of being used for breeding purposes, are also kept[.]

The age limit of 15 months specified in this Bill for a greyhound bitch to be bred is much higher than the six months stipulated in the Dog Breeding Establishments Act. These provisions have been the subject of intensive, constructive debate and have the support of the Bord na gCon and the Irish Coursing Club.

Part 2, which deals with welfare generally, requires the publication of codes of practice for welfare with the consent of the Minister of Agriculture, Fisheries and Food and provides for the welfare standards for greyhounds in terms of accommodation, food and drink, exercise, health and safety. It is important to note that this section applies to all greyhounds whether they are on the premises of a registered breeding establishment or not. That is an important difference between this Bill and the Dog Breeding Establishments Act, which applies to dogs on registered premises only. This Bill is building on an existing and effective regulatory system and will underpin the welfare of all registered greyhounds.

In terms of the identification of greyhounds, I have allowed for both the traditional tattooing method and microchipping. Greyhounds are individually identified by tattooing for registration in the studbook maintained by the Irish Coursing Club as this is vital for the integrity of industry. As tattooing has a long-standing tradition, it is not necessary to require breeders to change their methodology at this stage. The important thing is that every greyhound pup is uniquely identified and this is verified by a DNA analysis programme. In contrast, the Dog Breeding Establishments Act deals with a sector where individual pups in the dog breeding establishments concerned have hitherto not been required to be identified by any method. In that situation, microchipping was considered to be the appropriate method of identification to be used.

Part 3 concerns greyhound breeding and the registration of greyhound breeding establishments and prescribes that a greyhound bitch cannot be mated under 15 months of age. This is considerably higher than the minimum breeding age of six months specified in the Dog Breeding Establishments Act. This section also restricts to six the number of litters a greyhound bitch can produce, as there are welfare concerns with greyhounds carrying excessive numbers of litters. A further two litters may be permitted under veterinary certification.

Section 12 provides for the establishment and maintenance of a register of greyhound breeding establishments. These are premises with four or more greyhound bitches over 15 months of age that have been or are being used for breeding. This is lower than the number of breeding bitches specified in the Dog Breeding Establishments Act which stipulates that premises with six or more breeding bitches must be registered. It will be an offence to operate an unregistered greyhound breeding establishment except during the lead-in period of three months or where an application for registration as a registered breeding establishment is being considered by the Irish Coursing Club.

Part 4 concerns enforcement and allows for the appointment of welfare officers and gives these officers powers of inspection and issuing welfare notices. Welfare officers may be appointed by local authorities, Bord na gCon and the Irish Coursing Club to act as welfare officers under the Bill. The functions of welfare officers are also set out in the Bill and include the power at reasonable times to enter and inspect premises where the officer has reasonable grounds for believing that greyhounds are kept. The Bill also provides that the welfare officer may be accompanied by a member of the Garda Síochána.

Welfare notices can be issued where a welfare officer is of the opinion that there is a contravention of the Act, or where a premises or vehicle poses, or is likely to pose, a threat to a greyhound's health or welfare. These notices must state the grounds on which the officer forms the opinion. Such notices may require a wide range of actions in the interests of the welfare of greyhounds. Examples include requiring veterinary advice or treatment, and the provision of food and drink of specified quantities at specified intervals. The notice can specify the numbers of greyhounds that may be kept in a particular accommodation. The notice can also require, upon advice of a veterinarian, the cessation of breeding or that a greyhound be disposed of or destroyed in a specified manner.

Section 23 allows for, following veterinary examination, the immediate veterinary treatment or humane destruction of a greyhound which is in pain, distress or an acute state of neglect. Obviously it is regrettable but necessary to provide for this but I hope it is a power most welfare officers will never be called upon to implement. The cost of doing so can be recovered from the owner of the greyhound as a simple contract debt in court.

There are provisions dealing with penalties and proceedings and cases can be taken under the Act by Bord na gCon, the Irish Coursing Club, the local authority or the Garda Síochána. Fines shall be paid to the relevant body taking the case. I look forward to engaging on these provisions in detail on Committee Stage and I commend this Bill to the House.

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