Shane McEntee (Meath East, Fine Gael)

I am pleased to bring the Welfare of Greyhounds Bill 2011 before the Seanad and look forward to an informed and constructive debate during its passage through the House.

The greyhound racing industry is a very important one.

According to Bord na gCon, the greyhound industry is responsible for sustaining 11,000 full and part-time jobs, directly and indirectly, many of which are in rural communities. The industry provides an estimated €500 million for local economies around the tracks spread throughout the country. The greyhound breeding sector is also very successful, with approximately 75% of greyhounds now running in the United Kingdom Irish-bred. Furthermore, it should be highlighted that greyhound racing attracts a significant number of continental European visitors to Ireland and I am hopeful this aspect of the industry will develop.

As Members know, the Bill arises from the debates last year on the Dog Breeding Establishments Bill 2010 which sought to ensure proper standards of animal welfare in dog breeding establishments involved in what is known as puppy farming. Following the enactment of that Bill, it was agreed to introduce separate legislation to regulate the greyhound industry, with a view to optimising the level of animal welfare in the industry. Whereas the policy objective is similar to that of the Dog Breeding Establishments Act with regard to animal welfare, the approach taken in the Welfare of Greyhounds Bill differs owing to the distinct nature of and the controls applying to the keeping of greyhounds.

During the debate on the Dog Breeding Establishments Bill it was acknowledged that the greyhound industry already had a system of self-regulation in place which included certain welfare provisions. One of the major strengths of the industry is that the Irish Coursing Club identifies and registers greyhounds individually in the stud book so as to ensure the integrity of the racing system. The industry already has welfare provisions in place. I acknowledge the work of the Irish Coursing Club and Bord na gCon on the various aspects of self-regulation, but it is appropriate to provide a statutory basis for welfare provisions in the industry and the Welfare of Greyhounds Bill addresses that issue.

In bringing forward the Welfare of Greyhounds Bill I have taken cognisance of existing procedures operated by the Irish Coursing Club and Bord na gCon in the greyhound industry with regard to identification, registration and welfare. In contrast, the Dog Breeding Establishments Bill was directed at the unregulated sector known as puppy farming. I am pleased to say Bord na gCon and the Irish Coursing Club agreed with the need for legislation to regulate all aspects of welfare throughout the industry, thus protecting the country's reputation in the care of greyhounds. Preparation of the Welfare of Greyhounds Bill has involved wide-ranging consultation with a variety of interested parties, including Departments, Bord na gCon, the Irish Coursing Club, voluntary bodies and animal welfare groups, especially those concerned with dogs. I thank all those who participated in the consultation process for their constructive input and I am confident we have struck an adequate balance in accommodating various points of views.

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 included in the Bill. Welfare requirements specified in the Bill require animal keepers to safeguard animals in their care. These are in addition to the general provisions relating to cruelty included in the Protection of Animals Act 1911 and the amending legislation of 1965. Greyhounds not registered in the stud book cannot be covered by the scope of the Bill but will continue to be covered by general animal welfare legislation, as well as the Dog Breeding Establishments Act 2010, where relevant. The provisions included in the Bill apply to all greyhounds entered in the stud book. Nevertheless, I saw merit in establishing a register of greyhound breeding establishments. These are premises at which not fewer than four greyhound bitches are kept, each of which is more than 15 months and has been or is being used for breeding. The scope of the Bill extends to all greyhounds in the racing and coursing industry, not just those found on a premises registered as a greyhound breeding establishment under the Bill.

The Dog Breeding Establishments Act 2010 provides for a hitherto unregulated industry of puppy farming, with no existing system either for the registration of individual dogs for stud book purposes or of the premises on which they are kept. The welfare provisions included in the Act apply to dogs on premises registered under the Act. Senators will be aware that there is a variety of opinions on any issue of animal welfare, particularly the welfare of dogs. However, with greyhounds, fewer problems are involved than in the business known as puppy farming. I am confident that the provisions included in the Welfare of Greyhounds Bill and the extensive powers to be given to welfare officers will result in a very high standard of welfare for greyhounds.

In today's debate, I intend to summarise the provisions of the Bill, my overall approach and the details of how this system will work. I will also outline the points of similarity and difference with the Dog Breeding Establishments Act 2010.

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. The Bill also places a limit on the number of litters a bitch can produce. 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 aspects of welfare on such visits. Local authorities will be enabled to appoint welfare officers who will be given the same level of powers as stewards of the Irish Coursing Club. 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 that reports of inspections or details of welfare notices 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. However, these provisions will not present any difficulty to individuals who take due cognisance of welfare requirements, have proper premises and operate their business in co-operation with their local veterinary practice, as appropriate. The Bill provides that a period of up to three months will be provided 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 will be an appropriate scale of regulatory actions which can be taken to ensure compliance. I have provided for some offences for which fines and custodial sentences will be possible upon summary conviction and other lesser offences, mainly concerning records or registration, for which only fines or in some cases fixed penalty notices will apply. A provision is necessary to require owners of establishments to co-operate, within reason. There is general need for such a provision. It is particularly important in cases where an establishment operates from the private home of the owner. The draft Bill makes provision, in circumstances where the 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 will now go through the main provisions of the Bill. Sections 1 to 5 contain the usual provisions of a general nature dealing with such matters as the Short Title, 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". According to section 2:

"greyhound breeding establishment" 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 Dog Breeding Establishments Act 2010 defined "a registered breeding establishment" as a premises with not fewer than six breeding females. A lower number - four - is used in this Bill. As greyhounds are more specialist animals than dogs, it was felt that a lower number of bitches was appropriate to require registration as a breeding establishment under this Bill. The age limit of 15 months that is specified in this Bill for a greyhound bitch to be bred is much higher than the six-month limit that was stipulated in the 2010 Act. This is dealt with later in the legislation. These provisions have been the subject of intensive and constructive debate. They have the support of the Bord na gCon and the Irish Coursing Club.

Sections 6 to 10 deal with welfare in general. Section 6 requires the publication of codes of practice for welfare with the consent of the Minister of Agriculture, Food and the Marine. I have required that such codes be published in draft format on the Internet to allow for feedback prior to finalisation and publication on the Internet. Section 7 provides for 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, regardless of whether they are on the premises of a "registered breeding establishment". This is an important difference between this Bill and the Dog Breeding Establishments Bill 2010, which applies to dogs on registered premises only. This Bill builds on an existing and effective regulatory system and will underpin the welfare of all registered greyhounds. Section 8provides for regulations regarding welfare and related matters. These build upon the general duty of care and codes of practice and will allow greater detail to be specified.

Section 9provides for the identification of greyhounds. I have allowed for both the traditional tattooing method and for 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 the industry. As tattooing is 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 DNA analysis programme. In contrast, the Dog Breeding Establishments Act 2010 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.

Section 10provides a requirement to notify the sale or transfer of greyhounds, and this is important to allow for traceability and responsibility to attach to owners. Both the person selling the greyhound and the new owner are required to notify the Irish Coursing Club of the change of ownership. The owner is also required to notify the Irish Coursing Club of the death of a greyhound. The registered owner is at all times responsible for the greyhound's welfare.

Part 3, containing sections 11 to 16, inclusive, concerns greyhound breeding and the registration of greyhound breeding establishments. Section 11prescribes that a greyhound bitch under 15 months of age cannot be mated. This is considerably higher than the minimum breeding age of six months specified in the Dog Breeding Establishments Act 2010. This section also restricts to six the number of litters a greyhound bitch can produce as there are welfare concerns with greyhounds carrying an excessive number of litters. A further two litters may be permitted under veterinary certification. The Irish Coursing Club will not be permitted to register litters born to greyhounds in contravention of these requirements and, consequently, such greyhounds will not be permitted to race or be used in coursing events.

Section 12provides 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 2010, which stipulates that premises with six or more breeding bitches must be registered. The Irish Coursing Club may refuse to register a premises if the application is not in order, the applicant is in breach of the Act or the Irish Coursing Club is of the opinion that the premises is not suitable for operation as a greyhound breeding establishment. Each registered greyhound breeding establishment will receive a registration certificate which must be prominently displayed. There will be a grace period of three months following commencement of the Bill to allow existing establishments to register.

The existence of the Irish Coursing Club's stud book means that there is already a record of all greyhounds in the industry. This legislation applies to all greyhounds registered in the stud book, regardless of whether they are kept in registered greyhound breeding establishments. The maintenance of a register of greyhound breeding establishments facilitates greater control and allows resources to be directed at the larger premises as appropriate.

Section 13states that if the Irish Coursing Club intends to refuse registration of a premises or to make registration of a premises subject to conditions, the applicant must be informed in writing by the club. The applicant has 14 days to make representations to the Irish Coursing Club on this matter. Section 14further provides for procedures whereby a decision of the club to refuse registration of a breeding establishment, or to attach special conditions to the registration of a breeding establishment, may be appealed to the District Court. The District Court can order that the establishment be registered, set conditions for registration or affirm the refusal.

Section 15provides for removal of greyhound breeding establishments from the register. This can be done by applying for an order of the District Court. The section sets out the conditions which the District Court may impose. Reasons for removing an establishment from the register include where the operator has been convicted of on offence involving cruelty to animals, has been convicted of an offence under this Act, the Control of Dogs Act 1986 or the Protection of Animals Acts 1911 and 1965, or has breached a welfare notice. A person who contravenes an order under this section shall be guilty of an offence.

Section 16 makes it 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, sections 17 to 27, inclusive, concerns enforcement and allows for the appointment of welfare officers and gives these officers powers of inspection and issuing welfare notices. Section 17 provides for the appointment of welfare officers by local authorities, Bord na gCon and the Irish Coursing Club to act as welfare officers under the Bill. This section also provides for the reappointment and termination of the appointment of such officers. It also allows that, in certain instances, only some of the powers of the officer may be exercised.

Section 18 sets out the functions of welfare officers, including the power at reasonable times to enter and inspect premises where the officer has reasonable grounds for believing that greyhounds are kept. A welfare officer cannot enter a dwelling without the consent of the occupier or, failing consent, without a warrant issued by the District Court. The welfare officer can inspect and take copies of records kept on the premises and can require the owner, operator or those employed in the establishment to answer relevant questions. Owners must allow welfare officers to inspect greyhounds and provide information about the greyhound's identity. The welfare officer can also take samples of feed or drink, search a vehicle, or container and remove equipment or documents. This section also provides that the welfare officer may be accompanied by a member of the Garda Síochána.

Section 19 deals with the issuing of a search warrant. The welfare officer or a member of the Garda Síochána may apply to the District Court for a warrant to carry out an inspection on a premises in which the welfare officer has reasonable grounds for believing that an offence has been committed under the Act or where entry has been refused.

Section 20 deals with the issuing of welfare notices. 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 pose, or are likely to pose, a threat to a greyhound's health or welfare. Welfare notices must state the grounds on which the officer forms the opinion. The notice may be served on persons in charge of either greyhounds themselves, establishments, premises where greyhounds are being traded, bred, trained, raced or coursed, or on persons in charge of vehicles transporting greyhounds. Such notices may require a wide range of actions in the interests of the welfare of greyhounds. Examples include requiring veterinary advice or treatment or the provision of food and drink of specified quantity 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 the advice of a veterinarian, the cessation of breeding or that a greyhound be disposed of or destroyed in a specified manner. A person who does not comply within a reasonable time has committed an offence.

Section 21 deals with appeals against welfare notices. A person on whom a welfare notice has been served may appeal within seven days to the District Court. The judge may affirm or revoke the notice, or revoke the notice and order the person concerned to comply with certain directions.

Section 22 provides that where a welfare officer has inspected a premises or served a welfare notice, they must within seven days send a report of the inspection or a copy of the welfare notice to Bord na gCon, the Irish Coursing Club and the relevant local authority.

Section 23 allows, following veterinary examination, for 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 would hope it is a power that 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.

Section 24 makes it an offence to forge registration documentation or knowingly provide forged documentation or altered registration material with intent to defraud or deceive.

Section 25 concerns obstruction and makes it an offence to obstruct a garda or welfare officer, and to fail or refuse to comply with a requirement under section 18, which deals with the functions of a welfare officer, or section 19, which refers to the issuing of a search warrant.

Section 26 concerns penalties and proceedings. Fines not exceeding €5,000 can be applied on summary conviction for offences concerning notification of transfer of ownership under section 10(6), providing false or misleading information in an application for registration under section 12(17), failure to display registration under section 12(18), or failure to surrender a registration certificate where required to do so under section 15(7). This section also provides for fines not exceeding €5,000 and imprisonment up to six months on summary conviction for certain offences, including offences relating to welfare, breaching restrictions on breeding, operating an unregistered premises, failure to comply with a welfare notice, forgery or obstruction of welfare officers. Cases can be taken by Bord na gCon, the Irish Coursing Club, the local authority or An Garda Síochána. Fines shall be paid to the relevant body taking the case.

I had representations from those involved in enforcement, some of whom felt that all fines should belong to their organisation, even where the case was taken by another organisation. However, I felt this was inappropriate. The section, as drafted, will be the best way to ensure an active and robust approach to regulation.

Section 27 provides that a fixed payment notice fine can be issued for between €250 and €1,000, which falls due within 28 days. These can be issued where a welfare officer or a member of An Garda Síochána has reasonable grounds for believing there has been an offence concerning notification of transfer of ownership, provision of false or misleading information in an application for registration, a failure to display a registration certificate or failure to surrender a registration certificate where required to do so. There will not be a prosecution if payment is made with the 28 days.

Part 5, sections 28 and 29, contains miscellaneous provisions. Section 28 states the functions of the Irish Coursing Club may be performed by the secretary of the club. Section 29 states the Dog Breeding Establishments Act 2010 does not apply to premises registered as a "greyhound breeding establishment" under this Act.

I look forward to engagement on these provisions and I commend the Bill to the House.