Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I thank Senator Boylan for affording me the opportunity to speak on behalf of the Minister, Deputy McConalogue, on this matter. I acknowledge the effort and commitment of the animal welfare organisations involved in the care, welfare and re-homing of horses, which often operate in challenging and stressful circumstances.

With regard to equine welfare, the Department of Agriculture, Food and the Marine has stressed in the past, and continues to stress, that it is the responsibility of horse owners to ensure the welfare of horses in their ownership and care and to dispose of them appropriately. The Animal Health and Welfare Act provides an up-to-date and modernised system for enforcing the welfare of all animals, including horses. The Act is wide-ranging legislation designed to meet many different situations regarding animal health and welfare and the programme for Government specifically commits to its continued robust enforcement. The Act provides for penalties on summary conviction of up to €5,000 and-or six months' imprisonment or, on indictment, a fine of up to €250,000 and-or imprisonment for up to five years. The Act also provides powers to disqualify people from owning or working with animals for a period, including, where appropriate, for the life of the person, as the court considers appropriate.

Prosecutions under the Act have been pursued following investigations by authorised officers of the Department, An Garda Síochána, with all gardaí being authorised officers under the Act, and authorised officers of the Irish Society for the Prevention of Cruelty to Animals, ISPCA, and the Dublin Society for the Prevention of Cruelty to Animals, DSPCA. These officers investigate matters relating to animal cruelty and neglect and, where the evidence supports such action, a file is prepared and the matter pursued through the courts. The Department works closely with these bodies and I take this opportunity to thank all those involved for their work in the field of equine welfare.

Section 42 of the Act allows authorised officers to serve an animal health and welfare notice in a range of circumstances set out in the Act, including where the welfare of an animal or animals is at risk. Section 44 of the Act sets out that where an animal health and welfare notice has not been complied with, the animal or animals subject to the notice may be seized, detained, sold, disposed of or destroyed. Therefore, this provision allows for the seizure and re-homing of equines following a breach of an animal health and welfare notice issued under section 42.

The main powers of enforcement under the Act are contained in section 38, which provides for extensive powers of inspection and investigation including, in appropriate circumstances, the seizure and detention of animals without the issuing of an animal health and welfare notice. I understand these are emergency situations. Section 38 does not provide for the disposal of seized animals. For horses seized under section 38, a decision on whether they can be re-homed is made by the courts at the conclusion of any legal proceedings. Senator Boylan spoke about the costs involved in this. Under section 38A of the Act, the Department and local authorities have the power to recoup costs associated with the upkeep of animals seized by authorised officers of these bodies. If these costs are not paid, the animals may then be disposed of. This means that in the case of horses seized by authorised officers of the Department or local authorities under section 38 where such costs are incurred and are not paid, the horses can be re-homed.

Department officials are aware that, on occasion, pending court cases, there may be a prolonged period of detention of equines where an animal has been seized under section 38 and a court case is pending. As with all legislation under its aegis, the Department keeps the Animal Health and Welfare Act 2013 under constant review and the provisions for the seizure, detention and disposal of animals, including for re-homing, will be considered in this light. This morning, I spoke to officials in the Department of Agriculture, Food and the Marine and asked them to take up the specific point Senator Boylan has raised. They are aware of it. I have asked them to look at it. The Senator has pointed out there may be a lacuna in section 38 versus section 44. Under section 44, animals can be re-homed whereas under section 38 this can only happen after a court case.

The increased emphasis on the re-homing of horses is being assisted greatly through the Department's funding to animal welfare organisations. In December 2022, the Minister announced record funding of more than €5.8 million to 99 organisations to assist their work in animal welfare. I am sure there are probably 100 at this point. A number of these are actively involved in rescuing and re-homing neglected horses. Separately, the Department continues to take a proactive approach in tackling urban horse welfare challenges through supporting the education of young people in the care and welfare of horses. This work is carried out in close collaboration with local authorities.