Mark Daly (Fianna Fail)
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I welcome the Minister of State at the Department of Foreign Affairs, Deputy Thomas Byrne, to the House.

Lynn Boylan (Sinn Fein)
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I welcome the Minister of State. It is regrettable the Minister, Deputy Humphreys, could not be here. She sent her apologies. The reason I continually ask the Minister for Rural and Community Development into the House is that her Department has responsibility for the Control of Dogs Act 1986, which includes dangerous breeds. The dog breeding establishment licensing regulations also fall under the remit of this Department. One of the things the Oireachtas Committee on Agriculture, Food and the Marine found in its recent report on canine welfare was the fact that issues relating to canine welfare and legislation fall across three Departments, which is regrettable as it makes it very hard for us to have a coherent approach when it comes to issues around dogs.

After the horrible attack on nine-year-old Alejandro Mizsan in County Wexford, there is a growing concern within the public about attacks by certain breeds of dogs. TheIrish Independentreviewed the data from local authorities since 2016. There are a couple of issues. Apart from the fact that the number of attacks by certain breeds is increasing, there is also much concern around the fact there is not consistency in the reporting by different local authorities. Fingal County Council said it started recording the breeds involved in attacks only this year. South Dublin County Council declined to comment. Dún Laoghaire-Rathdown County Council recorded 11 attacks involving pitbulls. Dublin City Council had 80 complaints about aggressive dogs but did not provide a breakdown of the breeds involved. Other local authorities did provide a breakdown of the breeds. That shows there is a lack of consistency around the Control of Dogs Act, particularly those regulations that apply to the dangerous breeds.

One of the questions for the Minister of State is what he will do about that lack of coherency around the Control of Dogs Act. I hear repeatedly from Ministers of State who come into the Chamber and read out the position from the line Minister that the Department is responsible for the legislation but not its implementation. If I go then to the Department of Housing, Local Government and Heritage, however, it sends me back to the Department of Rural and Community Development.

There are a number of issues around the control of dogs, one of which is the number of wardens in the local authorities who are actually able to enforce the legislation. We are quite lucky in this country that we have good animal welfare legislation. It could be improved but it is especially strong. The issues are more about the enforcement of that legislation. Therefore, what is the Department's view on the adequacy of the number of wardens within the local authorities? Do they have the resources they need? We know the problem with many of these dangerous breeds is that people are not muzzling them. People are not actually complying with the regulations. The regulations are there and they are very clear but people are not complying. The reason they are not complying is they have no fear of being caught because dog wardens are few and far between.

The other issue, which again falls under the remit of the Department of Rural and Community Development, is the fact it has responsibility for the dog breeding establishment licensing. I draw the Minister of State's attention to a number of recommendations in the Oireachtas joint committee report.Recommendation No. 10 flags the issue of the 1:25 ratio of staff to dogs in dog breeding establishments. Recommendation No. 11 calls for a cap on breeding bitches. Recommendation No. 12 calls for greater socialisation of puppies, which is particularly relevant as dog pounds have stated that many dogs are being surrendered by their owners because the dogs are presenting with behavioural issues, with such behavioural issues manifesting in dog attacks. We must get a grip on the dog breeding establishments and puppy farms and we need a cap on the number of breeding bitches. There needs to be a proper ratio of staff in order that dogs are properly socialised by the time they are purchased.

Recommendation No. 4 is about fertility clinics and this is particularly relevant to the bully dog breeds. Many people are providing fertility clinics from their back garden sheds, from which dogs born and are being sold for huge amounts of money. We are aware of the issues with some of the bully breeds, including the recent attack on poor Alejandro.

There is a lot for the Minister of State to address in this. When are we going to have coherency of canine legislation?

Thomas Byrne (Meath East, Fianna Fail)
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I thank the Senator for raising this issue, about which I speak on behalf of the Minister for Rural and Community Development, Deputy Humphreys. The Senator is right in that the Minister has responsibility for this legislation but there are other Departments involved and it would be better if there was a different approach. We discussed this in our parliamentary party meeting last week because we are not satisfied with the situation either.

All our hearts were broken when we saw Alejandro Miszan suffer life-changing if not a life destroying injuries when he was attacked by a dog in Wexford. Our thoughts are with Alejandro and his family and friends following the horrific ordeal he endured.

As the Senator noted, the Department of Rural and Community Development has policy responsibility for dog control under the Control of Dogs Act and the Dog Breeding Establishments Act. Local authorities are responsible for operational activities under the Acts. This includes the dog licensing and dog warden service, implementation of legislation, imposing on-the-spot fines and taking court proceedings, etc. The Control of Dogs Act 1986 sets out a range of requirements for all dog owners and persons in charge of a dog. In particular, section 9 of the Act outlines specific requirements for keeping dogs under effectual control. Section 9(2) states that the owner or any other person in charge of a dog that worries livestock is guilty of an offence. It is also an offence not to have a dog licence. Prosecution under the Act allows for a fine of up to €2,500 or imprisonment for a term not exceeding three months or both. This is enforced by local authorities across the country. Section 21 of the Control of Dogs Act states that the owner of a dog shall be liable for damages associated with an attack by the dog on a person or livestock. This is a civil matter rather than something that is enforced.

The Department publishes annual dog-control statistics from all local authorities on gov.ie. There were 182 prosecutions in 2019 and the number of prosecutions in 2020 and 2021 were down to 82 and 97 respectively. We can accept that Covid-19 and level 5 restrictions had an effect on those figures. A total of 1,749 fines were issued in 2019, with 1,069 issued in 2020 and 924 in 2021. These fines cover a range of matters such as not having a dog licence, a dog not being under control, a dog not being muzzled, a dog not being leashed, livestock worrying by dogs etc.

I refer to the number of dog wardens. In 2021, the latest year for which statistics are available, there were 50 full-time dog wardens and 21 part-time dog wardens. The dog control statistics for 2022 will be collated next year and will be published on gov.ie. The Control of Dogs Act states that every local authority must employ at least one dog warden. It is a matter for each local authority to determine if more than one dog warden is required to carry out the necessary functions.

In addition to the Control of Dogs Act, the Control of Dogs Regulations 1998 outline the requirements regarding the restricted breeds of dogs, that is, dogs that are required to be leashed and muzzled when in a public place. These breeds, a list of which is available publicly, include some well-known breeds that, if kept by the right owners, are okay in their own homes. The regulations require that these breeds, or strains or crosses of them, must be kept on a short, strong lead by a person over 16 years who is able to control them when in a public place. They must also be securely muzzled when in a public place and must wear a collar bearing the name and address of their owner at all times. I have to agree with the Senator. I have seen a number of these dogs without muzzles on a regular basis. I am sure they are lovely pets once kept by the right owners. However, the law is the law and the law must be complied with. I also agree the law must be enforced.

Earlier this year, the Department published its consultation report, a Review of Measures Relating to the Control of Dogs in Ireland. This report followed a public consultation, to which over 1,000 responses were received, and is available at gov.ie. A selection of responses received from representative organisations was also published alongside the report. The review included measures relating to specific breeds and dogs in general in both urban and rural settings. Following this review, the Department intends to increase penalties for all offences under the Control of Dogs Act and the secondary legislation; to increase penalties for the offence of livestock worrying; to have greater active promotion of a culture of responsible dog-ownership in Ireland; and to amend the statutory instrument to include the presa canario breed of dog. Furthermore, under proposed amendments to the Control of Dogs Act, the Department is also considering a new provision to allow for the issuing of a dog control notice. This notice would be issued to a dog owner whose dog has been found to be out of control. It would outline the measures the owner must take to make sure the dog is controlled in a manner that ensures the safety of others and prevents further incidents. Some of these measures, which may include muzzling and leashing the dog, already apply to the restricted breeds.

These attacks are common enough and this latest attack has - not to use a pun - unleashed a debate among the people and public representatives from all parties. I am glad the Senator has provided her input today. There is no question but that we need to get this right.

Lynn Boylan (Sinn Fein)
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I thank the Minister of State for his comprehensive reply and for providing the number of prosecutions and dog wardens. I have just done the maths using the figures for the number of dog licences issued in 2021, that being 192,348 with a further 75,832 issued online. We know not everybody is compliant in getting a dog licence, but each of the 71 dog wardens, including those working part time, would be responsible for almost 4,000 dogs. I do not think anybody, whether he or she works full time or part time, could be responsible for making sure that number of dogs and their owners are complying with the law.

In addition, we need to join the dots on the issue of canine welfare. Ireland is the puppy-farm capital of Europe. The dogs coming out of puppy farms are not properly socialised and are presenting with behavioural issues, therefore, we must tackle this in addition to the Control of Dogs Act.

I ask the Minister of State to bring the issue of unregulated fertility clinics, which are prevalent in use among bulldog breeders, to the attention of the Minister. A huge amount of money is being made with many bulldogs being bred using those unregulated fertility clinics.

Thomas Byrne (Meath East, Fianna Fail)
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I fully understand the concerns raised by the Senator and I will bring everything back to the Minister and the Government. As the Taoiseach flagged recently, a cross-departmental review of the laws on dog control is about to commence. I share and understand the concerns about the number of dog wardens and prosecutions under the Control of Dogs Act. I hope we will see an increase in warden numbers because there has been a large increase in the number of dogs owned. This includes my own family, which has taken on a lovely little dog. Our dog is not let off the leash because we would not allow that, even though it is a small dog. Owners have to take responsibility and most do, in fairness, and that is the reality of it.

The Government is committed to working with all agencies to strengthen the issue of dog control and promote responsible dog-ownership. I must again say the law is clear in respect of restricted breeds in that there are requirements that need to be enforced, and that is a matter for local authorities. It is also a matter for local authorities to determine the number of dog wardens they have but they will have to look at this again because there are increased numbers of dogs, including an increase in the number of restricted breeds in public without a muzzle. This is commonly seen throughout the country and that needs to change. I know there are arguments made that it is the owner's responsibility, and the owner certainly is responsible, but the law is there and it needs to be enforced.

The Department of Rural and Community Development will continue to do its part, along with colleagues in the local authorities, including local authority vets, and Department of Agriculture, Food and the Marine to consolidate efforts in the areas of safety and responsible dog ownership, as well as animal welfare. I will also take back to the Minister the point raised about fertility clinics in back garden sheds.

The Department of Rural and Community Development will once again support media campaigns on responsible dog ownership as it has always done and, indeed, the Department of Agriculture, Food and the Marine always makes a grant available at Christmas time for animal welfare agencies, which is also important. I thank the Senator for raising this matter.