Pat Rabbitte (Dublin South West, Labour)
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Question 834: To ask the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the increase in unlicensed and abandoned horses in the greater Dublin area and the difficulties that local authorities have in fulfilling their animal control responsibilities under the Control of Horses Act; and if he will make a statement on the matter. [14803/10]

Pat Rabbitte (Dublin South West, Labour)
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Question 838: To ask the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the fact that there is cruelty to horses in some areas of Dublin; if his attention has further been drawn to the fact that in the Clondalkin area a number of horses are believed to have died from malnutrition; if his attention has been drawn to the fact that the local authorities are not equipped to deal with this problem; his views on whether changes to legislation are necessary to deal with this issue; and if he will make a statement on the matter. [14869/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I propose to take Questions Nos. 834 and 838 together.

It is clear from meetings held in recent months between officials of my Department and representatives of Local Authority Veterinary Inspectors, Animal Welfare Organisations and the Horse Industry that there is an increase in the number of reported horse welfare problems including an increasing risk of abandonment of horses. Local Authorities have extensive powers under the Control of Horses Act 1996 which was enacted to address problems caused by wandering horses in urban and rural areas. The Act provides for a comprehensive range of measures and enables local authorities to, inter alia, designate control areas; require the licensing of horses within such areas; seize and detain stray and unlicensed horses; confiscate horses, which stray repeatedly; dispose of horses seized; and, maintain a register of horses licensed and seized. The Act also contains provisions on the identification of horses and criminal liability for permitting or causing a horse to pose a danger to persons or property.

I have been in touch with my colleague Mr. John Gormley TD, Minister for Environment, Heritage and Local Government in regard to the implementation of the Control of Horses Act 1996 to underline how the ongoing effective implementation of this Act by Local Authorities can assist with reducing potential horse welfare problems developing particularly with regard to those horses that are being abandoned. My Department's statutory responsibility extends to the welfare and protection of farmed animals only i.e. animals normally bred or kept for the production of food or for use in or for the purpose of farming. This legislation is enforced under the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2008. The main statutes governing cruelty to all animals, including horses, in this country is the Protection of Animals Acts 1911 and 1965. Responsibility for pursuing cases under this legislation rests with An Garda Síochána, who may on receipt of a complaint investigate and bring a prosecution against any person alleged to have committed an offence under this Act.

My Department also provides funding in the region of €2m per annum to assist Local Authorities in their work in implementing the Control of Horses Act. Mindful too of the valuable work being done by welfare organisations throughout the country and as a contribution towards the cost of their activities in the forthcoming year, I provided funding of €1.185 million to assist them in their work in 2010. I also urged those welfare organisations that have the capacity to deal with larger animals to consider placing greater resources in promoting horse welfare.

My Department is also nearing finalisation of the heads of an Animal Health and Welfare Bill which gives effect to commitments in the Programme for Government on issues relating to animal health and welfare including the updating of existing legislation to ensure that the welfare of all animals, including non-farm animals is properly protected and that the penalties for offenders are increased significantly. The Bill also provides for the consolidation of responsibility for the welfare of all animals (including non-farm animals) within my Department.