Annie Hoey (Labour)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister of State to the House. I wish to ask when the Government plans to conduct a review of the Dog Breeding Establishments Act 2010. Are there plans to prepare a Bill to amend the Act, should it be required, to update the legislation? My understanding is that there is a commitment to review the Dog Breeding Establishments Act 2010 in the programme for Government which has obviously not yet taken place. Not to put too fine a timeline on it but we are skating towards the end of the lifetime of this Government. Revised guidelines were introduced in 2019, which included provisions for increased health and welfare requirements for all puppy and dog breeding establishments. They are not mandatory and, as far as I can tell, there are no consequences for non-compliance. Statistics released by the Department of Rural and Community Development show that 7,352 dogs entered Irish pounds last year, up 77% from 2021. Moreover, 340 dogs were euthanised in Irish pounds - twice as many as in 2021. These shocking figures come as the ISPCA estimates that 30,000 puppies a year are produced in Irish puppy factories. This figure does not take into account the number of puppies born into backyard breeders, illegal puppy farmers or registered sellers which, according to the DSPCA, is around 70,000 per year. This poor regulatory framework has created a €187 million industry and has resulted in Ireland being a huge exporter of puppies to more tightly-regulated countries. Aside from welfare concerns, this industry presents a range of other issues such as tax avoidance, given the high level of cash transactions, environmental concerns due to the high level of waste produced by hundreds of dogs on sites, the spread of disease and fraudulent practices. An overhaul of Ireland's legislation is necessary and has been promised in the programme for Government.

The Dogs Trust is seeking an amendment for a definition of a dog breeding establishment, for example, to cover not fewer than three bitches to ensure the welfare of dogs is protected, with a requirement for any breeding less than that to be registered. The Dogs Trust is calling for the staff-to-dog ratio to be sufficient to meet the welfare needs of all dogs. There are some really worrying statistics. There is up to one person caring for 30 dogs at any given point when you look at the size of some of these factories. Dogs Trust recommends greater alignment with UK licensing systems, for example, to bring all animal activity licensing under one licence and Department. It is calling for the establishment of a fully-trained and qualified national inspectorate to service more than one local authority. We have all probably heard stories, not just at Christmas, around the inspectorate not having the resources, funding or staff to do inspections or else only holding it up to the most severe of cases. The Dogs Trust wants to see new standards introduced for compliance in local authority areas such as standard licensing templates, necessary checks and balances for approval, for example, inspections, approved socialisation programmes for dogs and puppies and strengthening of penalties where non-compliance and cruelty are found. It is also seeking the introduction of a retirement protocol for bitches and stud dogs for all licensed dog breeding establishments.

We need to tighten up legislation including on actual numbers but also enforce that legislation. Vet Tim Kirby said that fundamentally, from an ethical point of view, in the interests, safety and welfare of these dogs, it is abnormal to have them in these environments. Puppies have to be exposed every day to events to be normalised dogs, which is something puppies from very large-scale industrial units do not get. When will the Government go along with what it said in the programme for Government, which is to review the Dog Breeding Establishments Act 2010? Are there plans to prepare a Bill to amend the Act, should it be required, to update the legislation?

Josepha Madigan (Dublin Rathdown, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Senator for her question. I am taking this Commencement matter on behalf of the Minister for Rural and Community Development, Deputy Humphreys, who sends her apologies to the Senator for being unable to be present to take the Commencement matter herself. The Department of Rural and Community Development has policy and legislative responsibility for two areas relating to dogs - the Control of Dogs Acts 1986 to 2014 and the Dog Breeding Establishments Act 2010. Legislative and policy responsibilities in relation to the Dog Breeding Establishments Act 2010 and Control of Dogs Act 1986 transferred to the Department from the Department of Housing, Planning, Community and Local Government in July 2017, when the Department of Rural and Community Development was formed. Under the Dog Breeding Establishments Act, local authorities have responsibility for all operational matters. This includes powers in relation to the licensing and inspection of dog breeding establishments.The Department published dog breeding establishment guidelines in 2018. These guidelines were issued under section 15 (4) of the Dog Breeding Establishments Act 2010, following a public consultation process, and set standards that must be followed not just in relation to the structures but also the management of the establishment. This extends to exercise, to socialisation, and to enhancement and enrichment of the dogs. The Department officials are reviewing the existing legislative provisions under the 2010 and the Control of Dogs Act taking account of recommendations from, inter alia, the report of the working group on control of dogs; the consultation on the Dog Breeding Establishments Act Oireachtas with stakeholders and experts in the field; the Joint Committee on Agriculture, Food and the Marine; and the outcomes of the public consultation undertaken by the Department in 2019.

Updates to the existing legislation are required and it is proposed that amendments will be made through a control of dogs and dog breeding establishment (miscellaneous provisions) Bill. Among items under consideration for this Bill are the inclusion of additional breeds in the restricted dogs list, updates to definitions contained in the Dog Breeding Establishments Act, and the potential for expansion of this Act. In November the Ministerfor Rural and Community Development, Deputy Humphreys, announced the establishment of an independently chaired high-level stakeholder group that will inform decisions regarding any potential legislative change. The first meeting of the group is scheduled soon and the Minister will be announcing full details of the membership of this group shortly. The group comprises a broad range of expertise including sectoral and academic experts. Groups like Dogs Trust, which the Senator mentioned, and the ISPCA are included and the members will be well placed to identify challenges and solutions in relation to the existing legislation and recommend a way forward.

In addition, the Department of Rural and Community Developmentcollates and publishes annual statistics on local authority dog-related activities. These include, for example, information on stray and unwanted dogs, dog licences, enforcement actions, and the operation of local authority dog shelters and dog breeding establishments. These statistics include the number of inspections carried out on dog breeding establishments. The statistics are available on the gov.iewebsite and the statistics indicate high levels of inspection for all licensed dog breeding establishments.

In order to further support developments in this work and to provide a strong evidence base to inform policy making, the Minister, Deputy Humphreys, has asked her officials to request additional information from local authorities going forward. This would include the number of puppies born in dog breeding establishments as well as additional information in relation to surrenders. The Senator will be aware that the issues raised require analysis and consultation to ensure amendments are not just robust, fit for purpose and implementable but that they also deliver the best outcomes for communities and for dogs themselves. It is our intention to work closely with stakeholders and experts as the work is progressed and particularly on legislative changes. This may mean that progress might not be as fast as some would like. There is, however, a value in having the conversations now to deliver the improvements that we know are needed.

Annie Hoey (Labour)
Link to this: Individually | In context | Oireachtas source

If I understand correctly what the Minister of State has said a review is currently being undertaken and there is a plan to bring amendments or changes to legislation, that there will need to be changes under the Control of Dog Breeding Establishment Act - forgive me if I did not quite get that - and the first meeting will be held soon. Obviously that is great but is there any idea how long this will take? Is it likely to happen this side of Government or is it foreseen to take a little bit longer? There needs to be zero tolerance for the cruelty or neglect of any puppy or dog. Dogs Trust, the ISPCA and others - myself included - have worked with rescues and we have seen the cruelty and neglect on puppy farms. Dogs Trust has said: "Many mums are so distressed and down shut down when they enter our care that they don't bark or make a sound". It is soul destroying.

It is very positive there is a review on this. I am just wondering if there is any idea of the timeline as to how long this might take.

Josepha Madigan (Dublin Rathdown, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Department is reviewing the existing legislative provisions under the Dog Breeding Establishments Act and the Control of Dogs Act to take into account the recommendations from the report of the working group on the control of dogs, the Oireachtas Joint Committee on Agriculture, Food and the Marine, and consultation with stakeholders and experts in the field, which was the outcome of the public consultation undertaken by the Department in 2019.Updates to the existing legislation will be required and it is proposed that there will be amendments, which should assist with some of the points Senator Hoey mentions, in particular in regard to puppy farms.