Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 17:

In page 48, between lines 6 and 7, to insert the following:"Export of greyhounds

56. (1) It shall be an offence for a person within the State to export, attempt to export or assist another person within the State in the export or attempted export, of a greyhound to a country which is not included in the white list prepared by the Minister in accordance with subsection (2).

(2) The Minister shall publish a white list of countries which meet minimum standards with regard to the welfare of greyhounds and to which the licensed export of greyhounds from the State shall be permissible.

(3) When preparing the white list under subsection (2), the Minister shall have regard to each of the following:

(a) the past record of the relevant country in relation to the welfare protections for greyhounds and the welfare of animals more generally;

(b) the existence in the relevant country of enforceable welfare protections for greyhounds which are equivalent to the protections available in the State;

(c) the monitoring and enforcement in the relevant country of the welfare protections in paragraph (b); and

(d) the standards of care and management to which the greyhounds are likely to be subjected to in the relevant country.

(4) A person who is guilty of an offence under subsection (1) is liable on summary conviction to a class A fine.".

These amendments relate to the export of Irish greyhounds to countries with records of the mistreatment and abuse of greyhounds, and an attempt to restrict, ban and-or regulate these exports. They are the most substantial changes we are proposing to the Bill.

I thank Dogs Trust Ireland for its help in drafting these amendments, Deputy Broughan, whose 2017 Private Members' Bill, the Welfare of Greyhounds (Amendment) Bill influenced their drafting, as well as Senator Black and her office for their work in bringing them to the floor of the House today.

While Ireland may have strong legal and statutory protections for greyhounds and animal welfare more generally, this is not the case in many countries around the world. Greyhound racing has a long and proud tradition in Ireland and we have a responsibility to protect the welfare of Irish greyhounds around the world to the same standard as they are treated here. It is an unfortunate reality that we are exporting greyhounds to countries where they are being mistreated, abused and subjected to treatment that would be wholly contrary to Irish law if it were to take place on this island. In its submission to the pre-legislative scrutiny process on this legislation, Dogs Trust Ireland pointed to international destinations for Irish greyhound exports such as Macau in China where high-profile welfare cases have hit the media and where horrendous records of animal cruelty have been recorded. It noted that dogs have been thrown into boiling water, horrifically mistreated during their racing careers and even skinned and sold as food in Macau markets. I welcome that particular airlines have refused to fly dogs to such countries but this is but a piecemeal effort where we need statutory control.

Dogs Trust Ireland has evidence that dog exports from Ireland to countries with terrible records, such as China, Pakistan and Argentina, are on the rise. We need to act. These amendments are tabled in the spirit of protecting these animals and placing responsibility on the Irish State for the health, welfare and lives of Irish greyhounds. Amendment No. 17 would effectively make it an offence to export greyhounds to countries such as these and would save Irish greyhounds from this cruel and degrading treatment. The section would empower the Minister to publish a white list of countries with animal welfare protections equivalent to Ireland. The export of greyhounds from Ireland to countries on the white list would be legal and it would be illegal to export to countries not included on that list.

Amendment No. 18 relates to the secondary export of greyhounds. If we were to include amendment No. 17 in the Bill, the effective statutory ban on exports to countries with terrible animal welfare practices would have a significant loophole in that an exporter could simply export to a country on the white list for the purposes of exporting to a country not on that list. Amendment No. 18 would close off this loophole and ban the secondary export of greyhounds.

Amendment No. 19 is a compromise option and simply seeks to improve the data available in this area. It would require the Minister to publish an annual report to be laid before the Oireachtas, containing the numbers of greyhounds exported in the previous year, to which countries they were exported, and a summary of the standards of greyhound welfare in those countries. It would allow for the sector to be brought within the data collection responsibilities of the Department and give the Department a role in analysing the animal welfare standards in the countries to which Ireland is exporting dogs. If dogs are being exported to countries which mistreat animals, we need to know that.

I am sure the Minister of State will agree with the sentiment of what we are trying to achieve, but he may say that these restrictions may not be compatible with EU trade law. Under Articles 34 and 35 of the Treaty of the Functioning of the European Union, TFEU, trade rules are generally common across all EU member states. On this basis, individual member states cannot unilaterally introduce quantitative restrictions on trade. Article 36 of TFEU, however, expressly provides for exceptions as long as they can be justified on grounds of public morality, public policy or public security; or the protection of health and life of humans, animals or plants. The language of Article 36 is important. It accepts the general principle of free trade but recognises that there are some exceptional circumstances in which a derogation might be necessary. Importantly, it explicitly includes the protection of the health and life of animals as relevant circumstances and grounds for restriction. In this case, this is one of the relatively rare situations where the State would have a strong case to make for an Article 36 exemption because of the very real threat to the life of greyhounds. This is well substantiated in the research from Dogs Trust Ireland and other organisations.

The State would also have to justify whether this restriction is proportional and if there was some other, less onerous way to achieve the goal of protecting the life of these animals. Again, we have a strong case to make here. We cannot, and would not want to, police what happens in other jurisdictions. Once an animal leaves Ireland, we can track its location but we cannot meaningfully protect it. Therefore, one of the only plausible policy options open to us is to ensure that we do not directly facilitate their exportation to places where there is a reasonable expectation that their health and life would be endangered.

I understand that the Minister of State would not want to preside over a situation where Irish greyhounds are being exported to countries where they are being mistreated, maimed and harmed. I appreciate he may have concerns regarding these amendments but I urge him to consider them seriously as additions to the Bill. These cases are horrific, sad, downright wrong and unfair on the animals. We can safeguard these dogs with these amendments. I urge the Minister of State to take them on board.