Olivia Mitchell (Dublin South, Fine Gael)
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Question 293: To ask the Minister for Agriculture, Fisheries and Food if he will provide emergency funding to the various societies for the prevention of cruelty to animals nationwide or to local authorities to deal with the many starving, abandoned or neglected horses around the country who during the snowy period have virtually no access even to grazing sustenance; and if he will make a statement on the matter. [46975/10]

Olivia Mitchell (Dublin South, Fine Gael)
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Question 294: To ask the Minister for Agriculture, Fisheries and Food if the urgently required animal protection and welfare legislation is ready for publication and if it places responsibility for equine welfare firmly with the Department as the current divided role between the Department and local authorities is not working to protect horses; and if he will make a statement on the matter. [46976/10]

Olivia Mitchell (Dublin South, Fine Gael)
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Question 295: To ask the Minister for Agriculture, Fisheries and Food if he will provide emergency funding to local authorities for distribution to the prevention of cruelty to animals nationwide or to deal with the many starving, abandoned or neglected horses around the country who during the snowy period have virtually no access even to grazing sustenance; and if he will make a statement on the matter. [46977/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I propose to take Question Nos. 293 to 295, inclusive, together.

I am aware from ongoing communications between officials of my Department and representatives of Local Authorities and Animal Welfare Organisations that there is a continuing risk of abandonment of horses. Horses are usually found straying or abandoned on waste lands/public roads etc and Local Authorities have powers to deal with these issues under the Control of Horses Act 1996. This Act assigns to Local Authorities the primary role for dealing with such horses and it contains provisions on the seizure and detention of stray horses, the confiscation of horses which stray repeatedly and the disposal of seized horses.

In view of the pressure being placed on Local Authorities in dealing with an increasing number of abandoned horses, I have to date this year approved payments of almost €2 million to Local Authorities to assist them in their work under the Control of Horses Act. The issue is not one of funding but on how to bring greater efficiencies to the operation of the Act in dealing with, for example, horses that are found wandering and straying repeatedly. In this respect, officials of my Department are continuing to work with Local Authority representatives on a strategy to improve implementation of the Act throughout the Local Authority areas and will examine those Local Authority areas where the Control of Horses Act has been working particularly well with a view to extending some of the best practices to all areas.

Mindful too of the work carried out by welfare bodies in delivering animal welfare, in December 2009 my Department made ex-gratia payments totalling €1.185m to 112 animal welfare organisations to assist with their work during in 2010. My officials are in regular contact with representatives of welfare bodies, particularly through the Farm Animal Welfare Advisory Council and they have asked those welfare organisations that have the capacity to deal with larger animals, such as horses, to consider placing greater resources in promoting horse welfare. In July last, in response to my Department's invitation to animal welfare bodies on provision of ex-gratia funding in 2010 a large number of applications were received. Processing of these applications is now being finalised and I expect shortly to be in a position to announce this year's funding to welfare organisations.

I would like to emphasise that, regardless of the amount of state funding being provided to assist with horse welfare, owners and keepers are ultimately responsible for protecting the welfare of animals in their care. The main legislation in the State governing cruelty to horses is the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act 1965 which states that any person causing cruelty or unnecessary suffering to any animal shall be guilty of an offence. This legislation is enforced by the Garda Síochána.

As the Deputy is aware, 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. However, the Government recently approved for drafting the Animal Health and Welfare Bill which gives effect to commitments in the Programmes for Government, including the updating of existing animal health and welfare legislation to ensure that the welfare of all animals, including non-farmed animals, is properly protected and penalties for offenders are increased significantly. The Bill provides for my Department to assume responsibility for policy and legislation relating both to the health and welfare of all animals, including non-farmed animals, but it is envisaged that, for practical reasons, operational responsibility will remain with local authorities, the Garda etc, where it is more efficiently discharged. An important provision of the Bill will provide for powers of intervention where an animal is deemed to be at risk. It is also proposed that there will be a specific duty of care on owners/keepers to ensure that the welfare and well-being of animals is adequately protected as well as addressing such issues as the prevention of unnecessary suffering of animals and abandonment of animals.