Tom Hayes (Tipperary South, Fine Gael) | Oireachtas source

I thank Senator Cáit Keane for raising this very important issue. As the House will be aware, my Department has significant responsibilities and functions in relation to animal welfare, including the welfare of horses. These responsibilities stem from the Animal Health and Welfare Act 2013, which I introduced in 2013 in order to provide an up to date and modernised system for enforcement of animal welfare. The Act is significant in a number of respects. First, it makes much clearer the responsibility placed on animal owners to actively care for their animals through the provision of food, water, shelter and veterinary care. Further, the enforcement has been enhanced by a variety of measures, such as greater flexibility on how inspectors may be authorised and operate. I have been asked from time to time to introduce more severe penalties for breaches of animal welfare legislation.

The reality is that the penalties provided in the Act are already quite severe and are the maximum allowable under the Irish legal system. Summary convictions can bring fines of €5,000 and six months in jail. Conviction upon indictment can lead to fines of €250,000 and up to five years in prison. Furthermore, the Act gives a Minister greater power to authorise people such as members of non-governmental organisations operating in the animal welfare area to act. Officers from the DSPCA and ISPCA have been authorised to act, and this system is working well.

With regard to the welfare of horses, my Department has stressed and continues to stress that it is the responsibility of horse owners to ensure the welfare of horses in their ownership or care and to dispose of them appropriately. My Department, in conjunction with local authorities and the Garda, continues to adopt a proactive approach in regard to horse welfare, will remove at-risk animals and, where appropriate, institute prosecutions regarding the maltreatment of these animals.

Members of the public are encouraged to report any concerns about the welfare of horses or any animals. I assure the House that any complaints will be dealt with. The funding provided by my Department includes a payment to local authorities towards the rehoming costs of each horse seized under the Act. Unfortunately, it is not possible to rehome all equines because of the substantial numbers involved and the costs associated with keeping a horse. Where rehoming is not an option, my Department provides a payment towards the costs associated with disposal of the animals. If Senator Keane has any evidence of pregnant mares being abandoned by local authorities, she should provide details to my Department in order that efforts to rehome such animals can be pursued, something I assure her will happen.

My Department also provides considerable funding to animal welfare organisations in order to assist them in carrying out their very important functions in promoting the welfare of animals. In December 2015, I provided funding of €2.4 million to 140 welfare organisations throughout the country, many of which are involved in horse welfare, in order to assist them in activities. I am satisfied that this very generous level of funding should ensure that they have sufficient resources available to cater for any difficulties arising in the area of horse welfare in the coming year.

Some of the recipients of funding are supporting the development of facilities for horse projects targeted at the younger horse owning population. They include modules on a range of practical skills and knowledge on the care of equines. These organisations will also be requested to develop dedicated projects providing for equine castration in order to reduce indiscriminate breeding and improve horse welfare.

The responsibility of the Department in regard to horses is also dispensed through the Control of Horses Act 1996. It was introduced to address the serious problems being caused by straying horses wandering onto public roads and land and posing risks to the public, especially motorists and younger children, and public and private property. Local authorities have responsibility for implementing the Act. Under the legislation, my Department provides assistance to local authorities towards the expenses incurred in the implementation of the Act and, in this regard, almost €953,000 was provided in 2015 to local authorities. This is a significant reduction on previous years, largely due to the fact that the number of horses removed under the Act reduced from 5,000 in 2013 to an estimated 2,000 in 2015.

The substantial reduction in the number of horses removed under the Act reflects a general improvement in the welfare situation of horses in 2015.

My Department is providing significant funding for urban horse projects aimed at making available appropriate facilities for young people to keep horses in an urban setting. In that context, it is currently examining a number of applications from local authorities.

My Department is in the process of completing a review of the Control of Horses Act. This legislation plays an important role in helping to deal with the problem of wandering horses, which have proved to be a hazard both to themselves and others. The problem also gives rise to significant welfare issues. Unfortunately, owners have been careless in some instances or have deliberately allowed horses to wander. The main stakeholders in this area have expressed concerns about certain aspects of how the Act is set out and how it is being enforced. My Department has sought input into this review, from local authorities and Traveller organisations, in particular, as well as from other interested groups. There has been considerable interest in the review and a number of sensible suggestions have been made in respect of improvements to the Act in order to better serve the needs of all stakeholders. Some stakeholders are particularly concerned about a lack of consistency regarding the by-laws introduced by local authorities to deal with wandering horses. In addition, retention and notice periods vary from county to county and this causes confusion both among horse owners who may deal with different rules across county boundaries. It is also the case that where local authorities share facilities in the interests of efficiency, there can be confusion about which rules apply to which horses. Therefore, while acknowledging that there are wider social and long-term issues around horse ownership which present complex challenges in tandem, there is also clear scope to update the legislation in the short term so that the existing situation can be improved. My Department will be addressing this issue in the near future.

I indicated earlier that there is a considerable body of legislation aimed at protecting the welfare of horses. The Animal Health and Welfare Act 2013 is very strong and includes severe penalties for breaches of its provisions. I acknowledge that there were far too many incidences of abuse of horses in the recent past, many of which were related to the general oversupply of animals. However, the position in respect of oversupply has been largely corrected and this is reflected in the substantial reduction in the number of horses removed under the Control of Horses Act last year. In general, I am satisfied that there has been a very significant improvement in the overall situation relating to the welfare of horses in recent years. I have provided substantial funds to animal welfare organisations to assist them in dealing with any animal welfare issues that arise. I have also strengthened legislation relating to the identification of horses and this should also help to deal with abuse of horses, in particular by improving the prospects of tracing the persons responsible for the abuse. That is the key to the whole situation being dealt with.