Róisín Shortall (Dublin North West, Labour)
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Question 476: To ask the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 490 of 18 May 2010, if he will clarify the agency that is responsible for the enforcement of the Control of Horses Act 1996 in respect of the buying and selling of horses at the monthly Smithfield Market and in view of the significant animal welfare breeches at this fair; if he will ensure that this matter receives priority attention. [23254/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The sale of goods in a public place is a matter covered by the Casual Trading Act 1995. The enforcement of this Act is the responsibility of the Local Authority in whose functional area the goods are sold. The Minister for Enterprise, Trade and Innovation has responsibility for the Casual Trading Act 1995. The Local Authority with responsibility for implementing the Control of Horses Act 1996 in the Smithfield area is Dublin City Council. The Act includes provisions for an authorised person appointed by a local authority or member of An Garda Síochána who suspects that a horse is in pain or acute neglect to direct the owner/keeper to seek veterinary attention for the horse and the Act also empowers a member of An Garda Síochána to seize and detain a horse where there is reasonable cause to suspect that the necessary veterinary attention has not been obtained. Furthermore with regard to horse welfare issues, 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.